Free Permanent Injunction - District Court of California - California

Case 3:08-cv-00419-JLS-POR

Document 5

Filed 05/20/2008

Page 1 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations ROBERT S. GERBER, Cal. Bar No. 137961 [email protected] MICHAEL MURPHY, Cal, Bar No. 234695 [email protected] 12275 El Camino Real, Suite 200 San Diego, California 92130 Telephone: 858-720-8900 Facsimile: 858-509-3691 Attorneys for Plaintiff SPEEDPLAY, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SPEEDPLAY, INC., a California corporation, v. Plaintiff, Case No.: 08-cv-0419 JLS (POR) STIPULATED PERMANENT INJUNCTION AND JUDGMENT

BICYCLEBUYS, an organization of unknown origin d.b.a. BICYCLEBUYS.COM,; NEIL IR, an individually and d.b.a. BICYCLEBUYS.COM; NEIL IR and DOES 1-10 inclusive, Defendants.

STIPULATION 1. WHEREAS the parties wish to avoid the unnecessary costs and burdens associated with litigation of this matter; and 2. WHEREAS the parties have reached agreement on an appropriate stipulated

permanent injunction and judgment to be entered in this case; and

Certification

Case 3:08-cv-00419-JLS-POR

Document 5

Filed 05/20/2008

Page 2 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3.

WHEREAS both parties are represented by counsel and have had the

opportunity to confer with and be advised by counsel about this Stipulated Permanent Injunction and Judgment; and 4. WHEREAS the parties, through their counsel, have agreed to execute and

abide by this Stipulated Permanent Injunction and Judgment; NOW, THEREFORE, the parties hereto hereby agree and stipulate as follows: 5. Subject matter jurisdiction lies in this Court pursuant to 28 U.S.C. Sections

1331 and 1338, and 15 U.S.C. Section 1121, because this action arises out of, amongst other claims, copyright and Lanham Act claims. Jurisdiction over the remaining state law claims for relief is proper under 28 U.S.C. Section 1367. 6. Personal jurisdiction lies over the defendants herein because the disputes

which form the basis for relief arose in this judicial district; because defendants sell products through an interactive Web site into this judicial district and the State of California generally, forming continuous and systematic contacts with this state and with customers in this state and this judicial district; and because the alleged harm suffered by plaintiff arose and continues to arise in this judicial district. 7. Plaintiff Speedplay, Inc. ("Speedplay") is a California corporation with its

principal place of business located at 10151 Pacific Mesa Blvd. #107, San Diego, California, 92121. 8. Defendant "BicycleBuys" is a limited liability company. It and the other

defendants operate a Web site located at http://www.bicyclebuys.com. BicycleBuys operates from a storefront business located at 165 Rt. 110, Huntington Station, New York. -2Certification

Case 3:08-cv-00419-JLS-POR

Document 5

Filed 05/20/2008

Page 3 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

9.

Defendant Neil Ir is a principal of Defendant BicycleBuys and operates said

entity and the BicycleBuys.com Web site. Defendant Ir is a resident of the State of New York. 10. Without admitting any of the allegations of Plaintiff's Complaint herein,

Defendants BicycleBuys and Neil Ir hereby agree and stipulate to have entered and abide by this Stipulated Permanent Injunction and Judgment. IT IS SO STIPULATED.

Dated: May 19, 2008 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By s/Rober S. Gerber ROBERT S. GERBER /MICHAEL MURPHY Attorneys for Plaintiff SPEEDPLAY, INC. Dated: April ___, 2008 HESSION BEKOFF & COOPER LLP

By

s/Andrew Paul Cooper ANDREW PAUL COOPER, ESQ. Attorneys for Defendants BICYCLEBUYS and NEIL IR

Dated: May 14, 2008 SPEEDPLAY, INC.

-3Certification

Case 3:08-cv-00419-JLS-POR

Document 5

Filed 05/20/2008

Page 4 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 23, 2008 Dated: April ___, 2008

By

s/Sharon Worman-Bryne SHARON WORMAN-BRYNE Its: President_____________________

BICYCLEBUYS, LLC By s/Neil Ir

NEIL IR

Its: _Main Member_____________________

By

s/Neil Ir

NEIL IR

-4Certification

Case 3:08-cv-00419-JLS-POR

Document 5

Filed 05/20/2008

Page 5 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATED PERMANENT INJUNCTION AND JUDGMENT Based upon the foregoing stipulation of the parties, and with good cause appearing therefor, this Court HEREBY ORDERS, ADJUDGES AND DECREES AS FOLLOWS: 1. Defendants BICYCLEBUYS and NEIL IR, and each of them, directly and

indirecty, operating under their own names or other names, are hereby permanently enjoined from: (a) engaging in copyright infringement of the text and photographs appearing on SPEEDPLAY, INC.'s Web site, www.speedplay.com; (b) engaging in trademark infringement of SPEEDPLAY, INC.'s registered marks; (c) selling SPEEDPLAY, INC. product on Defendants' Web site, www.bicyclebuys.com, or otherwise; and (d) purchasing product from any authorized SPEEDPLAY, INC. dealer or otherwise for purposes of resale. 2. Plaintiff SPEEDPLAY, INC. shall have judgment, jointly and severally, in the

sum of $11,000.00 against Defendants BICYCLEBUYS and NEIL IR. 3. If enforcement of this Stipulated Permanent Injunction and Judgment becomes

necessary, then SPEEDPLAY, INC. shall be entitled to recover its actual attorneys' fees and costs incurred in connection therewith from Defendants. IT IS SO ORDERED. DATED: May 20, 2008 Honorable Janis L. Sammartino United States District Judge -5Certification

Case 3:08-cv-00419-JLS-POR

Document 5

Filed 05/20/2008

Page 6 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6Certification