Ubiquiti Networks Inc. v. Kozumi USA Corp., Shao Wei Hsu and Daniel Hsu
Published: Oct. 26, 2013 | Result Date: Oct. 10, 2013 | Filing Date: Jan. 1, 1900 |Case number: 4:12-cv-02582-CW Settlement – Permanent Injunction
Court
USDC Northern
Attorneys
Plaintiff
Jennifer L. Taylor
(Morrison & Foerster LLP)
Alexei Klestoff
(ZwillGen Law LLP)
Defendant
Facts
Ubiquiti Networks Inc. sued Kozumi USA Corp., Shao Hsu and Daniel Hsu alleging violation of the Lanham Act by counterfeiting plaintiff's products, trademark infringement, trade dress infringement, false designation of origin, violation of Federal Computer and Abuse Act, violation of California's Comprehensive Computer Data Access and Fraud Act, direct copyright infringement, contributory copyright infringement, vicarious copyright infringement, unlawful and fraudulent business acts, false advertising, common law infringement and unfair competition, libel, and violation of the Tariff Act.
Ubiquiti developed and sold wireless communication products, including receivers, transmitters, routers, and antennas. It also sold software used for those devices. Kozumi distributed wireless hardware devices. Shao Hsu owned the company, while Daniel Hsu and others worked for Kozumi.
Ubiquiti sought a permanent injunction against defendants.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant used stolen source code and proprietary designs to sell counterfeit Ubiquiti products. Defendants packaged its counterfeit products to look like plaintiff's product and sold them to unsuspecting customers worldwide. As a result, plaintiff was damaged by defendants' conduct.
Result
U.S. District Judge Claudia Wilken issued a permanent injunction enjoining defendants from violating Ubiquiti's trademarks. Defendants were also enjoined from manufacturing, selling, or providing goods or services that displayed Ubiquiti's trademarks without prior consent or otherwise infringing on Ubiquiti's trademarks. Further, defendants were permanently enjoined from otherwise infringing on Ubiquiti's copyrights or other intellectual property rights in its products and software.
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