Dec.10.

2 01 9Case
12:50PM No.10732
2:19-cv-04819-CDJ Document 5 Filed 12/13/19 Page of 4 P. 3

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

)
C.Ai~ON INC. and CANON U.S.A., INC., . )
)
Plaintiffs, ) Civil Action No.
) No. 2:19-cv-04819-CDJ
V. )
)
)
JOEY FANG and KYUNG KWAK. 8./k/a )
KAYKWAK, )
)
Oefendants. )

FINAL CONSENT JUDGMENT

Upon all the papers and proceedings had herein and upon the consent of the parties,

It is hereby ORDERED that Joey Fang and Kyung Kwak a/k/a Kay Kwak

("Defendants"), their officers, agents, servants, employees, and all those in active concert or

participation with them. are hereby permanently enjoined and restrained from:

A. substantially imitating, copying, counterfeiting, or making

unauthorized use of the Canon trademarks;

B. manufacturing, distributing, shipping, importing, circulating,

advertising, selling, offering for sale, moving or otherwise disposing
of any product bearing a simulation, reproduction, counterfeit, copy
or colorable imitation of Plaintiffs' distinctive Canon trademarks;

C. using any simulation, reproduction, counterfeit, copy, colonible or

confusingly similar imitation of the Canon trademarks;

D. using any false description or designation of origin or representation

(including, without limitation, any letters, words, symbols, or other
text) which can, or is likely t.o, lead the trade or public, or individual
members thereof, to believe that any product manufactured,
imported, advertised, distributed and/or sold by the Defendants is in
any manner associated or C.onnected with Canon or is sold, licensed,
sponsored, or approved by Canon;

I
Dec.10. 2019 Case
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E. engaging in any course of conduct likely to cause confusion,

deception or mistake, ot to injure Canon's business reputation or
dilute the distinctive quality of Canon's name and the Canon
trademarks;

F. engaging in any other activity constituting an infringement of the

Canon trademarks or Canon's rights in or right to exploit the same;

G. engaging in further acts of unfair competition arising from the

Defendants' unlawful and improper adoption and use of Canon's
trade dress and style;

H. secreting, destroying, altering, removing, or otherwise dealing with

unauthoriud Canon products or any books or records which contain
any information reL1.tir,g to the importing, ~anuf~ct-..uing,
producmg, acquiring, distributing, circulating, selling, marketing,
offering for sale, advertising, promoting, renting or displaying of
unauthorized products which infringe the Canon trademarks;

1. causing an infringement of any of the Canon trademarks or of

Canon's rights to use or to exploit said Canon trademarks, or causing
any dilution of Canon's name, reputation or goodwill; and
J. assisting, aiding, or abetting any other person or business entity in
engaging in or performing any of the activities referred to in
subpatagrnphs (A) through (I), above.

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2:19-cv-04819-CDJ Document 5 Filed 12/13/19 Page

FURTHER ORDERED, that in the event of a defiutlt or breach of any provision of this

Final Consent Judgment by Defendants, Plaintiffs shall be entitled to all costs and expenses

arising out of said default or breach, including reasonable attorney's fees, paid or incurred by

Plaintiffs in enforcing and obtaining the Defendants' performan~e of the tenns of this Final

Consent Judgment, in addition to any fees, damages or in· ctive relief awarded by the Court.

Dated at Philadelphia, Pennsylvania this /1 da

(?

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Document 5 Filed 12/13/19 Page 4 of 4 P. 6

Consented to by:

CANON INC. an.d CA.""lON U.S.A., INC.

By their attorneys,

K.LEHR, HARRISON, HARVEY

BRANZBURG LLP

By: Isl Teri M Sherman

Teri M. Shennan (Pa. Bar No. 319874)
1835 Market Street
Suite 1400
Philadelphia, PA 19103
Tel: (215) 569-2700
Tax: (21:5; S~8-661H

Dated: December 4, 2019

WITNESS TO KYUNG KWAK.'S SIGNATURE

Kenneth A. Young, Esq.

1500 Walnut Street
Suite2000
Philadelphia, PA 19102 .

obel, Esq. (Pa. Bar No. ~2-~~::___J

I Bustleton Ave.
Suite206
Pmladelphia, PA t 9116

48:20-75 l .S-1094.J