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`Case 3:16-cv-06001-WHO Document 70 Filed 01/30/17 Page 1 of 6
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`[Counsel listed on signature page.]
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`
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`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`Apple Inc.,
`
`Case No. 3:16-cv-06001-WHO
`
`Plaintiff,
`
`v.
`
`Mobile Star, LLC, a New York Limited
`Liability Company, and Does 1-50,
`
`Defendants.
`
`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`
`
`
`Plaintiff Apple Inc. and defendant Mobile Star, LLC, by and through their respective
`
`counsel, hereby stipulate as follows:
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`WHEREAS Apple is the owner of certain trademarks identified in the Complaint in this
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`action (the “Apple Marks”) and certain graphic and textual works protected by registered
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`copyrights identified in the Complaint in this action (“Apple Copyrighted Works”);
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`WHEREAS Apple has filed a Complaint in this action asserting claims against Mobile
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`Star for Trademark Counterfeiting and Infringement, False Designation of Origin, Copyright
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`Infringement, and Unfair Advertising;
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`WHEREAS Mobile Star has denied Apple’s claims and denies that it has committed any
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`acts that violate any of Apple’s rights;
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`- 1 -
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`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`3:16-CV-06001-WHO
`
`
`

`

`Case 3:16-cv-06001-WHO Document 70 Filed 01/30/17 Page 2 of 6
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`WHEREAS Apple has a pending motion for preliminary injunction to enjoin Mobile Star
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`from, among other things, directly or indirectly manufacturing, purchasing, importing,
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`advertising, promoting, offering to sell, selling, distributing, transferring, concealing, or otherwise
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`disposing of any product that bears or comprises any of the Apple Marks and that was not initially
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`manufactured and distributed pursuant to written authorization from Apple;
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`WHEREAS Mobile Star denies that it has knowingly sold or distributed counterfeit Apple
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`products;
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`WHEREAS Mobile Star asserts that it is strongly committed to distributing only Apple-
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`branded products that are genuine and to avoiding any kind of distribution of counterfeit Apple
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`10
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`products, and is therefore willing to agree to do so;
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`Now, therefore, the Parties, through their respective counsel, and with Mobile Star not
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`admitting fault, liability or wrongdoing of any kind, hereby stipulate as follows:
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`13
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`1.
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`Mobile Star and its officers, directors, employees, agents, subsidiaries, and distributors are
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`immediately restrained and enjoined, during the pendency of this lawsuit:
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`A.
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`From directly or indirectly manufacturing, purchasing, importing, advertising,
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`promoting, offering to sell, selling, distributing, transferring, concealing, or otherwise disposing
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`17
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`of any product that bears, replicates, or comprises any of the Apple Marks that was not initially
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`manufactured and distributed pursuant to written authorization from Apple or any products,
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`wrappings or packages bearing Apple Copyrighted Works that were not initially manufactured
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`and distributed pursuant to written authorization from Apple.
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`B.
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`From secreting, concealing, destroying, selling off, transferring, or otherwise
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`disposing of: (i) any products, not initially manufactured or distributed by Apple pursuant to
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`written authorization from Apple, bearing any of the Apple Marks, or any confusingly similar
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`marks, trade dress, or package design; or (ii) any evidence relating to the manufacture,
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`purchasing, acquisition, importation, advertising, promotion, distribution, inventory, shipping,
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`handling, sale, offer for sale, disposal or transfer of any products bearing any of the Apple Marks
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`or any confusingly similar mark, product, or packaging design, including but not limited to
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`counterfeit Apple charging products; and
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`
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`- 2 -
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`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`3:16-CV-06001-WHO
`
`
`

`

`Case 3:16-cv-06001-WHO Document 70 Filed 01/30/17 Page 3 of 6
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`C.
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`From knowingly instructing, aiding or abetting any other person or business entity
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`in engaging in any of the activities referred to in subparagraphs (A) and (B) above.
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`2.
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`This Stipulation shall not be deemed to be an admission by Mobile Star of any
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`wrongdoing or liability.
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`3.
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`This Stipulation does not waive any rights of Mobile Star to oppose on any grounds the
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`imposition of any other injunctive relief in this action and shall not serve as the grounds for the
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`imposition of any other injunctive relief against Mobile Star.
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`4.
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`5.
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`Apple shall not be required to post any bond prior to execution of this Order.
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`The hearing on Apple’s Motion for Preliminary Injunction, set for February 8, 2017 at
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`2:00 p.m., is taken off calendar.
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`[SIGNATURE PAGE FOLLOWS]
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`
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`- 3 -
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`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`3:16-CV-06001-WHO
`
`
`

`

`Case 3:16-cv-06001-WHO Document 70 Filed 01/30/17 Page 4 of 6
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`
`
`
`
`THOMAS H. ZELLERBACH (SBN 154557)
`tzellerbach@orrick.com
`DIANA RUTOWSKI (SBN 233878)
`drutowski@orrick.com
`CATHY C. SHYONG (SBN 288537)
`cshyong@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`Telephone:
`+1 650 614 7400
`Facsimile:
`+1 650 614 7401
`
`NATHAN SHAFFER (SBN 282015)
`nshaffer@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`405 Howard St
`San Francisco, CA 94105
`Telephone: +1-415-773-5700
`Facsimile: +1-415-773-5759
`
`Attorneys for Plaintiff
`Apple Inc.
`
`
`By: /s/ Thomas H. Zellerbach
`
` Thomas H. Zellerach
`
`AARON J. MOSS (SBN 190625)
`AMoss@GreenbergGlusker.com
`JOSHUA M. GELLER (SBN 295412)
`JGeller@GreenbergGlusker.com
`GREENBERG GLUSKER FIELDS
`CLAMAN & MACHTINGER LLP
`1900 Avenue of the Stars, 21st Floor
`Los Angeles, California 90067-4590
`Telephone: 310.553.3610
`Fax: 310.553.0687
`
`BRIAN K. BROOKEY (SBN 149522)
`Brian.Brookey@tuckerellis.com
`STEVEN E. LAURIDSEN (SBN 246364)
`Steven.Lauridsen@tuckerellis.com
`TUCKER ELLIS LLP
`515 South Flower Street, 42nd Floor
`Los Angeles, California 90071-2223
`Telephone: 213.430.3400
`Fax: 213.430.3409
`
`Attorneys for Defendant
`Mobile Star, LLC
`
`
`By: /s/ Aaron J. Moss
`
` Aaron J. Moss
`
`- 4 -
`
`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`3:16-CV-06001-WHO
`
`
`Dated: January 27, 2017
`
`
`
`
`
`Dated: January 27, 2017
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`Case 3:16-cv-06001-WHO Document 70 Filed 01/30/17 Page 5 of 6
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`PURSUANT TO STIPULATION, IT IS SO ORDERED.
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`
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`By:
`
`HON. WILLIAM H. ORRICK
`United States District Judge
`
`
`
`
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`
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`Dated: __January 30, 2017
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`- 5 -
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`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`3:16-CV-06001-WHO
`
`
`

`

`Case 3:16-cv-06001-WHO Document 70 Filed 01/30/17 Page 6 of 6
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`
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`ATTESTATION OF CONCURRENCE
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`I, Thomas H. Zellerbach, as the ECF user and filer of this document, attest that
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`concurrence in the filing of this document has been obtained from each of the above signatories.
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` /s/ Thomas H. Zellerbach
`Thomas H. Zellerbach
`
`
`
`Dated: January 27, 2017
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`- 6 -
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`STIPULATION AND ORDER FOR
`PRELIMINARY INJUNCTION
`3:16-CV-06001-WHO
`
`
`