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j2 CLOUD SERVICES, LLC v. FAx87, 13-cv-05353-DDP (AJWx). (2017)

Court: District Court, C.D. California Number: infdco20170721795 Visitors: 12
Filed: Jul. 19, 2017
Latest Update: Jul. 19, 2017
Summary: FINAL JUDGMENT DEAN D. PREGERSON , District Judge . The Court, having considered (i) the Joint Stipulated Final Judgment submitted by Plaintiffs and Defendants Farjad Fani and Steven Thong Way Sen, as well as (ii) the Stipulated Accord and Satisfaction re December 15, 2016 Judgment submitted by Plaintiffs and Defendants Matt Johnson Finance, Inc. MyPhoneFax, Fax87, OnlineFaxes, SolidFax, FaxVision, ResellFax, OneVoix and Miraluna Caberte Yardan, hereby enters Final Judgment as follows: 1.
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FINAL JUDGMENT

The Court, having considered (i) the Joint Stipulated Final Judgment submitted by Plaintiffs and Defendants Farjad Fani and Steven Thong Way Sen, as well as (ii) the Stipulated Accord and Satisfaction re December 15, 2016 Judgment submitted by Plaintiffs and Defendants Matt Johnson Finance, Inc. MyPhoneFax, Fax87, OnlineFaxes, SolidFax, FaxVision, ResellFax, OneVoix and Miraluna Caberte Yardan, hereby enters Final Judgment as follows:

1. Each of the patents asserted by Plaintiffs is valid and enforceable, including U.S. Patent Nos. 6,208,638, 8,310,699 and 8,675,220 (collectively, the "Asserted Patents").

2. Each of the trademarks asserted by Plaintiffs is valid, enforceable and not generic, including the following: EFAX® and E-FAX®, which hold Registration Nos. 3930343 and 3930341, respectively (collectively, the "Asserted Trademarks").

3. Defendants Fani and Thong are enjoined and restrained from making, using, selling, offering for sale, or importing into the United States any products or services covered by any unexpired Asserted Patents.

4. Nothing in paragraph 3 shall diminish, expand, modify or otherwise affect any rights granted under the confidential license agreement identified in Sections A.4 of the parties' confidential Settlement Agreement ("Third-Party License"), subject to the terms and scope thereof, and subject to that licensee's compliance with its obligations under the Third-Party License; provided that (A) such rights do not directly or indirectly benefit any Defendants other than Steven Thong, and (B) Defendants other than Steven Thong are not in any way involved in or assisting the exercise of such rights.

5. Defendants Fani and Thong are enjoined and restrained in the United States and in any manner that substantially affects commerce in the United States from using Plaintiffs' Asserted Trademarks, including EFAX® and E-FAX®, in any form or stylization, or any other similar mark that is likely to cause confusion, deception or mistake as to source, sponsorship or affiliation with Plaintiffs, their affiliates and/or successors.

6. Nothing in paragraphs 3 or 5 shall preclude Defendants Fani and Thong from performing obligations under the Transition Services Agreement, entered as of June 30, 2017, between Plaintiff j2 Cloud Services, LLC and Defendant MyPhoneFax and certain affiliates thereof.

7. Except as set forth in paragraphs 1-3 and 5, all claims, counterclaims and defenses asserted by or against Defendants Farjad Fani and Steven Thong are dismissed with prejudice.

8. All claims asserted by Plaintiffs against Defendant Robert Beaulieu are dismissed without prejudice.

9. The December 15, 2016 Judgment (Dkt. 197) remains in force, subject to the terms of the parties' Stipulated Accord and Satisfaction. Any stay of the injunctive relief ordered therein is hereby lifted.

10. All other pending motions in this case have been withdrawn, and the Court directs the Clerk to close the case.

11. The bond (as reflected in Dkt. No. 227) posted by Defendant MyPhoneFax.com, LLC shall be released back to Defendant MyPhoneFax.com, LLC.

SO ORDERED.

Source:  Leagle

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