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Trademark | Washington Western
Satisfaction of Judgment
SATISFACTION OF JUDGMENT Partially re 131 Judgment by Court,,,,,, ; entered In favor of Nite Ize Inc Against Duan Bo Jiang, In favor of Nite Ize Inc Against Kevin Bao by Plaintiff Nite Ize Inc (Rainwater, Lauren)
Judgment by Court
JUDGMENT BY COURT: Plaintiffs' motion for default judgment is GRANTED in part (see Dkt. # 130 ): 1. The court GRANTS default judgment against Defendants on Plaintiff Nite Ize, Inc.'s (Nite Ize) trademark infringement claim under 15 U.S.C. § 1114 and false designation of origin claim under 15 U.S.C. § 1125(a). 2. The court AWARDS Nite Ize statutory damages pursuant to 15 U.S.C. § 1117(c)(2) for Defendants' willful violations of the Lanham Act as follows: a. $432,637 against Defendant Chun Wong; b. $78,682 against Defendants Duan Bo Jiang and Kevin Bao, jointly and severally; and c. $1,083,567 against Mr. Jiang. 3. The court ENJOINS and RESTRAINS Defendants and their officers, agents, servants, employees, and attorneys, and all others in active concert or participation with them who receive actual notice of this order from: a. manufacturing, importing, distributing, offering to sell, or selling any product using Nite Ize's brand or trademarks, or which otherwise infringes Nite Ize's intellectual property, in any store or in any medium; and b. assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities listed in paragraph (a) above. 4. The court DENIES default judgment on Plaintiff Amazon.com, Inc.'s (Amazon) false advertising claim under 15 U.S.C. § 1125(a) and DISMISSES that claim without prejudice. 5. Amazon's breach of contract claim and Plaintiffs' civil conspiracy claim are DISMISSED without prejudice (see Dkt. # 117 at 3 n.2). (SS)
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