1 2 3 NOTE CHANGES MADE BY THE COURT 4 5 JS-6 6

7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 ) Case No.: 8:22-cv-01807-MCS-AFM 11 P&P Imports LLC, Hon. Mark C. Scarsi, United States ) District Judge 12 Plaintiff, )

13 )

14 v. ) ORDER ON STIPULATION FOR

15 Joyin Inc., Joyin US Corp., and ) PERMANENT INJUNCTION AND 16 SETTLEMENT OF CLAIMS (ECF DOES 1-5, ) NO. 41) 17 Defendants. ) 18

19 Plaintiff P&P IMPORTS LLC (“P&P”) filed a Complaint seeking a 20 Permanent Injunction and other relief against Defendants JOYIN INC. and JOYIN 21 US CORP. (collectively referred to as “Joyin” or “Defendants”), pursuant to 17

et seq., and § 106, for copyright infringement,

for 23 trademark infringement,

, et seq. for patent infringement, Cal. & 24 Bus. Prof. Code § 17200, et seq. for unfair competition, unfair and deceptive 25 practices, and false advertising, and

et seq. for false 26 advertising, and California common law for unfair competition, false advertising, 27 and unfair and deceptive trade practices. P&P and Defendants each are a Party and 28 1 are referred to collectively herein as the “Parties.” 2 Pursuant to a Confidential Settlement Agreement, the Parties have agreed to 3 the entry of the following Stipulated Final Order for Permanent Injunction and 4 Settlement of Claims (“Order”) in full and complete settlement of P&P’s Complaint 5 against Defendants. The Court, being advised in the premises by the parties’ 6 Stipulation, finds: 7 FINDINGS 8 1. The Court has jurisdiction over the Parties and the subject matter of this 9 action, and enforcement of this Injunction and Judgment. Venue in the 10 Central District of California is proper as alleged in the Complaint and 11 as further stipulated to by the Parties. The Court shall retain jurisdiction 12 to enforce this Stipulated Judgment and Permanent Injunction and the 13 Parties’ Settlement Agreement. The Court declines to exercise 14 discretion to retain jurisdiction over the Parties’ Settlement 15 Agreement. See Ogbuehi v. Comcast of Cal./Colo./Fla./Or., Inc., 303

, 351 (E.D. Cal. 2014). Federal courts have no inherent 17 power to enforce settlement agreements after dismissal, and 18 “enforcement of the settlement agreement is for state courts, unless 19 there is some independent basis for federal jurisdiction.” See 20 Kokkonen v. Guardian Life Ins. Co. of Am.,

, 382 21 (1994). 22 2. The Complaint states claims upon which relief can be granted. 23 3. The Parties waive all rights to challenge or contest the validity of this 24 Order, and/or to take an Appeal from the final Judgment. 25 4. Entry of this Order is in the public interest at least to prevent consumer 26 confusion between P&P’s goods and Defendants’ goods, and to prevent 27 further consumer confusion by preventing Defendants from using 28 1 P&P’s trademark, copyrighted works, or patents to sell Defendant’s 2 goods. 3 5. Pursuant to Federal Rule of Civil Procedure 65(d), the provisions of this 4 Order are binding upon all Defendants, their officers, agents, servants, 5 employees, and all other persons or entities in active concert or 6 participation with them in whole or in part, who receive actual notice of 7 this Order by personal service or otherwise, and each of their successors 8 and assigns. 9 6. P&P owns valid and enforceable Registered Copyrights in certain 10 photographs and artwork Registered with the U.S. Copyright Office 11 under Registration Number VA 2-259-559 entitled “GoSports Cornhole 12 Lookbook 2020.” A true and correct copy of the Copyright Registration 13 Certificate is attached to the Stipulation as Exhibit 1 and is incorporated 14 herein by reference. 15 7. P&P owns valid and enforceable Registered Copyrights in certain 16 photographs and artwork Registered with the U.S. Copyright Office 17 under Registration Number Tx-8-447-293 entitled “P&P Imports 18 Winter 2017 Lookbook.” A true and correct copy of the Copyright 19 Registration Certificate is attached to the Stipulation as Exhibit 2 and is 20 incorporated herein by reference. 21 22 8. P&P owns valid and enforceable Copyrights in certain photographs and 23 artwork Registered with the U.S. Copyright Office under Registration 24 Number TX 9-162-500 entitled “Splash Hoop Pro text.” A true and 25 correct copy of the Copyright Registration Certificate is attached to the 26 Stipulation as Exhibit 3 and is incorporated herein by reference. 27 9. P&P owns valid and enforceable Copyrights in certain photographs and 28 artwork Registered with the U.S. Copyright Office under Registration 1 Number TX 9-162-620 entitled “Splash Hoop 360 text” A true and 2 correct copy of the Copyright Registration Certificate is attached to the 3 Stipulation as Exhibit 4 and is incorporated herein by reference. 4 10. P&P owns a valid and enforceable Registered Trademark “PARTY 5 SPRINKLER” Registered with the United States Patent and Trademark 6 Office, Registration Number: 6,179,043. A true and correct copy of the 7 Trademark Registration Certificate is attached to the Stipulation as 8 Exhibit 5 and is incorporated herein by reference. 9 11. P&P owns a valid and enforceable Patent Issued by the United States 10 Patent and Trademark Office, U.S. Design Patent No. US D962,366 S. 11 A true and correct copy of the Patent Certificate is attached to the 12 Stipulation as Exhibit 6 and is incorporated herein by reference. 13 12. P&P owns a valid and enforceable Patent Issued by the United States 14 Patent and Trademark Office, U.S. Design Patent No. US D953,458 S. 15 A true and correct copy of the Patent Certificate is attached to the 16 Stipulation as Exhibit 7 and is incorporated herein by reference. 17 13. P&P owns a valid and enforceable Patent Issued by the United States 18 Patent and Trademark Office, U.S. Design Patent No. US D882,713 S. 19 A true and correct copy of the Patent Certificate is attached to the 20 Stipulation as Exhibit 8 and is incorporated herein by reference. 21 22 DEFINITIONS 23 For purposes of this Injunction, the following definitions shall apply: 24 1. “CORNHOLE LOOKBOOK” shall mean the work entitled GoSports 25 Cornhole Lookbook 2020, and all copyrightable materials therein. 26 2. “2017 WINTER LOOKBOOK” shall mean the work entitled P&P 27 Imports Winter 2017 Lookbook and all copyrightable materials therein. 28 3. “Splash Hoop Pro Text” shall mean the work entitled Splash Hoop Pro 1 Text and all copyrightable materials therein. 2 4. “Splash Hoop 360 Text” shall mean the work entitled Splash Hoop 360 3 Text and all copyrightable materials therein. 4 5. P&P’s COPYRIGHTED WORKS shall mean the GoSports Cornhole 5 Lookbook 2020, P&P Imports Winter 2017 Lookbook, Splash Hoop Pro 6 Text, and the Splash Hoop 360 Text. 7 6. “ACCUSED PRODUCTS” shall mean all products that may infringe 8 any of P&P’s COPYRIGHTED WORKS, TRADEMARK, and/or 9 PATENTS. 10 11 PERMANENT INJUNCTION 12 I. P&P’s TRADEMARK 13 14 IT IS HEREBY ORDERED that Defendants, directly or through any 15 corporation, partnership, subsidiary, parent, division, trade name, or other entity, 16 and their officers, agents, servants, employees, and all persons or entities in active 17 concert or participation with them, or who receive any benefit therefrom, who 18 receive actual notice of this Order, by personal service or otherwise, in connection 19 with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or 20 distribution of any product bearing P&P’s TRADEMARK or any trademark that is 21 likely to cause confusion as to source of origin in the consuming public’s mind, are 22 hereby permanently restrained and enjoined from: 23 A. Using P&P’s TRADEMARK, or any other confusingly similar mark 24 in connection with the ACCUSED PRODUCTS, or any related goods or services. 25 B. Competing unfairly with P&P by infringing upon P&P’s 26 TRADEMARK, including falsely advertising untrue and misleading facts and 27 statements and claims about the ACCUSED PRODUCTS. 28 C. Conspiring with, aiding, assisting, or abetting any other person or 1 entity in engaging in or performing any of the activities referred to in subparagraphs 2 (A) and (B) above. 3 II. P&P’s COPYRIGHTED WORKS 4 IT IS FURTHER ORDERED that Defendants, directly or through any 5 corporation, partnership, subsidiary, parent, division, trade name, or other entity, 6 their officers, agents, servants, employees, and all persons or entities in active 7 concert or participation with them, or who receive any benefit therefrom, who 8 receive actual notice of this Order, by personal service or otherwise, in connection 9 with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or 10 distribution of products or media, are hereby permanently restrained and enjoined 11 from: 12 A. Using, reproducing, distributing, creating derivative works, 13 transmitting, or broadcasting any of P&P’s COPYRIGHTED WORKS, including 14 but not limited to any of P&P’s advertisements, photographs, artwork, text, product 15 descriptions, including creating any works that are substantially similar to P&P’s 16 COPYRIGHTED WORKS using the meaning of substantially similar as defined 17 under federal copyright statutes and case law. 18 19 III. P&P’s PATENTS 20 IT IS FURTHER ORDERED that Defendants, directly or through any 21 corporation, partnership, subsidiary, parent, division, trade name, or other entity, 22 and their officers, agents, servants, employees, and all persons or entities in active 23 concert or participation with them, or who receive any benefit therefrom, who 24 receive actual notice of this Order, by personal service or otherwise, in connection 25 with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or 26 distribution of products or media are hereby permanently restrained and enjoined 27 from: 28 A. Making, using, selling, offering for sale, or importing products 1 |{1identified in Exhibit 9 to the Stipulation and/or any other products that may infringe 2 |jany of P&P’s PATENTS, commencing ninety (90) days after the Entry of this 3 || Order. 4 Other than as resolved by this Stipulated Permanent Injunction, all remaining 5s ||claims and counterclaims that have been asserted in this action are dismissed WITH 6 |} PREJUDICE. The Parties are to bear their own costs, expenses, and attorneys’ fees. 7 IT IS SO ORDERED. Hak L. 5 || Dated: May 26, 2023 ° CONDA Mark C. Scarsi 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROPOSED ORDER FOR PERMANENT INJUNCTION