1 LJAeTnnHifAeMr L &. B WarAryT (KBIaNr SN oL.L 2P28066) 2 [email protected] Patrick C. Justman (Bar No. 281324) 3 [email protected] 12670 High Bluff Drive 4 San Diego, CA 92130 858.523.5400 / 858.523.5450 (Fax) 5 Attorneys for Plaintiff 6 DISCORD, INC. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 DISCORD, INC., a Delaware corporation, CASE NO. 4:19-cv-05824-HSG 12 Plaintiff, STIPULATED JUDGMENT AND 13 PERMANENT INJUNCTION v. 14 DYNAMIC TECHNOLOGY GROUP LTD., 15 DBA DISCORD SOUND, 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff Discord, Inc. (“Discord”), on the one hand, and Defendant Dynamic Technology 2 Group Ltd., DBA Discord Sound (“Defendant”), on the other hand, stipulate as follows: 3 1. Discordis the owner of the DISCORD® mark, including U.S. Federal 4

. As reflected in this registration, Discord has used the DISCORD® 5 mark since March 2, 2015 with “computer software applications for social networking” and 6 “sending messages, text, photos, graphics, audio and video files to other users” (i.e.,an app for 7 “text, audio, and video chats”). 8 2. After Discord started using the DISCORD® mark, Defendant began using the 9 DISCORD SOUND mark in connection with wireless earbuds. Defendant registered the 10 discordsound.comdomain name and it has operated a website at that address in connection with 11 its goods and services. Defendant also created a Facebook and Indiegogo page to promote its 12 goods and services (www.facebook.com/discordsoundhub/,www.indiegogo.com/projects/hub- 13 hifi-wireless-earbuds-with-100-hours-playtime#/)and other social media pages. 14 3. Defendant’s use of the DISCORD SOUND mark violated Discord’s trademark 15 rights (see

, 1125(a), 1125(c), 1125(d)), caused damage to Discord and the 16 DISCORD® trademark, and allowed Defendant to wrongfully obtain profits at Discord’s 17 expense. 18 4. The parties have agreed to the entry of a Final Judgment and Permanent 19 Injunction against Defendant, in the form reflected in Exhibit Ato this stipulation, which 20 provides as follows: 21 INJUNCTION 22 1. Defendant and its current and future principals, officers, directors, shareholders, 23 members, employees, partners, licensees, distributors, joint venturers, agents, attorneys, other 24 authorized representatives, and other persons who are in active concert or participation with them 25 or individuals within Defendant’s control (collectively, the “Enjoined Parties”)are permanently 26 enjoined and ordered as follows: 27 a. The Enjoined Parties are prohibited from ever using, applying for,or 28 registeringanytrademark, trade name, domain name, or social media account containing the 1 DISCORD SOUND mark, the DISCORD mark, or the term “discord” in any manner, including a 2 misspelling or abbreviation of the word “discord,” and they shall remove all such marks and 3 terms from their social media accounts (e.g.,www.facebook.com/discordsoundhub/, 4 www.indiegogo.com/projects/hub-hifi-wireless-earbuds-with-100-hours-playtime#/) or otherwise 5 delete such accounts if those pages cannot conform with the requirements of this Order. 6 b. The Enjoined Parties shall assign all rights, title, and interest to all domain 7 names that they own, have the right to use, or are otherwise using that contain the term “discord” 8 or any similar term to “discord,” including a misspelling or abbreviation. 9 c. The Enjoined Parties shall not, whether acting alone or with or through 10 other persons or entities, and regardless of whether acting on their own behalf or on behalf of 11 others, oppose, sue on the basis of, seek cancellation of, object to, challenge the strength or 12 validity of, or otherwise attack the DISCORD®trademark or any trade name, copyright, or 13 domain name that incorporates the DISCORD trademark or any similar mark, or assist, support, 14 or encourage others to engage in any of activities mentioned in this paragraph. 15 2. It is further ORDERED that the EnjoinedParties shall: 16 a. Take reasonable steps sufficient to monitor and ensure that all persons 17 within their control or employment (whether as affiliates, independent contractors, employees, 18 agents, partners or insome other capacity) comply with this Order, including but not limited to 19 providing a copy of this Order to any person or entity controlled or employed by Defendant. 20 b. Take all reasonable corrective action with respect to any individual within 21 their control or employment whom any EnjoinedParty determines is not in compliance with the 22 terms of this Order, which may include training, disciplining, and/or terminating such individual, 23 and notifying Discord promptly in writing of the underlying conduct. 24 c. Be fully responsible for any violations of this Order by any of the 25 foregoing parties. 26 JURISDICTIONAND RETENTION OF SAME 27 1. It is further ORDERED that this Court shall retain jurisdiction of this matter in 28 law and equity for purposes of enforcing and/or adjudicating claims of violations of this Order. 1 | Further, the Court shall retain ancillary jurisdiction over this matter in law and equity for 2 || purposes of enforcing and/or adjudicating any violation of the Parties’ confidential settlement 3 || agreement. See Kokkonen v. Guardian Life Ins. Co.,

(1994). Any such 4 || matters shall be raised by noticed motion. 5 2. The Court finds that the parties have consented to the jurisdiction of this Court 6 || and waived any and all arguments or challenges as to (1) the jurisdiction of this Court, (11) the 7 || convenience of this forum; and/or (iii) the enforceability of this injunction in other jurisdictions. 8 3. The Court finds that the parties have waived the right to appeal the entry of this 9 || Order and a waiver of the right to contest the validity of any clause, term, or provision herein in 10 | any subsequent proceeding, and enters the Order on that basis; provided, however, that if for any 11 | reason any clause, term, or provision herein is deemed unlawful or invalid, the remaining 12 | clauses, terms and provisions shall remain in full force and effect. 13 IT IS SO STIPULATED. 14 | Dated: May 22, 2020 15 | LATHAM & WATKINS LLP PED DBA DiscoRD SOUND 16 By: 4s/Patrick C. Justman Bolen _— Jennifer L. Barry B Vite bibl 17 Patrick C. Justman Name: Brian Luong 18 Attorneys for Plaintiff Title: President DISCORD, INC. 19 Date: May 22, 2020 20 21 22 23 24 25 26 27 28 S$" US-DOCS\113899393.1 STIPULATED JUDGMENT AND PERMANENT INJUNCT 3 Case No. 4:19-cv-05274-H

Exhibit A 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 DISCORD, INC., a Delaware corporation, CASE NO. 4:19-cv-05824-HSG 12 Plaintiff, JUDGMENT AND PERMANENT 13 INJUNCTION v. 14 DYNAMIC TECHNOLOGY GROUP LTD., 15 DBA DISCORDSOUND, 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW 3 Plaintiff Discord, Inc. (“Discord”) has alleged and Defendant Dynamic Technology 4 Group Ltd., DBA Discord Sound (“Defendant”) has stipulatedto and does not contest the 5 following: 6 1. Discordis the owner of the DISCORD® mark, including U.S. Federal 7

. As reflected in this registration, Discord has used the DISCORD® 8 mark since March 2, 2015 with “computer software applications for social networking” and 9 “sending messages, text, photos, graphics, audio and video files to other users” (i.e.,an app for 10 “text, audio, and video chats”). See

(a). 11 2. After Discord started using the DISCORD® mark, Defendant began using the 12 DISCORD SOUND mark in connection with wireless earbuds. Defendant registered the 13 discordsound.comdomain name and it has operated a website at that address in connection with 14 its goods and services. Defendant also created a Facebook and Indiegogo page to promote its 15 goods and services (www.facebook.com/discordsoundhub/,www.indiegogo.com/projects/hub- 16 hifi-wireless-earbuds-with-100-hours-playtime#/)and other social media pages. 17 3. Defendant’suse of the DISCORD SOUND mark violated Discord’s trademark 18 rights (see

, 1125(a), 1125(c), 1125(d)), caused damage to Discord and the 19 DISCORD® trademark, and allowed Defendant to wrongfully obtain profits at Discord’s 20 expense. 21 INJUNCTION 22 1. Defendant and its current and future principals, officers, directors, shareholders, 23 members, employees, partners, licensees, distributors, joint venturers, agents, attorneys, other 24 authorized representatives, and other persons who are in active concert or participation with them 25 or individuals within Defendant’s control (collectively, the “Enjoined Parties”)are permanently 26 enjoined and ordered as follows: 27 a. The Enjoined Parties are prohibited from ever using, applying for,or 28 registeringanytrademark, trade name, domain name, or social media account containing the 1 DISCORD SOUND mark, the DISCORD mark, or the term “discord” in any manner, including a 2 misspelling or abbreviation of the word “discord,” and they shall remove all such marks and 3 terms from their social media accounts (e.g.,www.facebook.com/discordsoundhub/, 4 www.indiegogo.com/projects/hub-hifi-wireless-earbuds-with-100-hours-playtime#/) or otherwise 5 delete such accounts if those pages cannot conform with the requirements of this Order. 6 b. The Enjoined Parties shall assign all rights, title, and interest to all domain 7 names that they own, have the right to use, or are otherwise using that contain the term “discord” 8 or any similar term to “discord,” including a misspelling or abbreviation. 9 c. The Enjoined Parties shall not, whether acting alone or with or through 10 other persons or entities, and regardless of whether acting on their own behalf or on behalf of 11 others, oppose, sue on the basis of, seek cancellation of, object to, challenge the strength or 12 validity of, or otherwise attack the DISCORD®trademark or any trade name, copyright, or 13 domain name that incorporates the DISCORD trademark or any similar mark, or assist, support, 14 or encourage others to engage in any of activities mentioned in this paragraph. 15 2. It is further ORDERED that the EnjoinedParties shall: 16 a. Take reasonable steps sufficient to monitor and ensure that all persons 17 within their control or employment (whether as affiliates, independent contractors, employees, 18 agents, partners or in some other capacity) comply with this Order, including but not limited to 19 providing a copy of this Order to any person or entity controlled or employed by Defendant. 20 b. Take all reasonable corrective action with respect to any individual within 21 their control or employment whom any EnjoinedParty determines is not in compliance with the 22 terms of this Order, which may include training, disciplining, and/or terminating such individual, 23 and notifying Discord promptly in writing of the underlying conduct. 24 c. Be fully responsible for any violations of this Order by any of the 25 foregoing parties. 26 JURISDICTIONAND RETENTION OF SAME 27 1. It is further ORDERED that this Court shall retain jurisdiction of this matter in 28 law and equity for purposes of enforcing and/or adjudicating claims of violations of this Order. 1 | Further, the Court shall retain ancillary jurisdiction over this matter in law and equity for 2 || purposes of enforcing and/or adjudicating any violation of the Parties’ confidential settlement 3 || agreement. See Kokkonen v. Guardian Life Ins. Co.,

(1994). Any such 4 || matters shall be raised by noticed motion. 5 2. The Court finds that the parties have consented to the jurisdiction of this Court 6 || and waived any and all arguments or challenges as to (i) the jurisdiction of this Court, (ii) the 7 || convenience of this forum; and/or (111) the enforceability of this injunction in other jurisdictions. 8 3. The Court finds that the parties have waived the right to appeal the entry of this 9 || Order and a waiver of the right to contest the validity of any clause, term, or provision herein in 10 | any subsequent proceeding, and enters the Order on that basis; provided, however, that if for any 11 | reason any clause, term, or provision herein is deemed unlawful or invalid, the remaining 12 | clauses, terms and provisions shall remain in full force and effect. 13 14 | IT IS SO ORDERED. 15 16 17 || Dated: __5/26/2020 ¢ 4 4. Adl_)) □ 18 Haywood S. Gilliam, Jr. UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 JUDGMENT AND PERMANENT INJUNCT 3 Case No. 4:19-cv-05874-H