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Seiko Epson Corporation v. Inksystem LLC

United States District Court, D. Nevada

January 16, 2018

Seiko Epson Corporation and Epson America, Inc., Plaintiffs,
v.
InkSystem LLC, et al., Defendants. Trademark Registration Number Date of Registration Class(es) of Goods Financial Institution Account Account Name/Holder Balance

          Annie S. Wang J. Andrew Coombs, Of Counsel Wang Law Corporation James D. Boyle Holley Driggs Walch Fine Wray Puzey & Thompson Attorneys for Plaintiffs Seiko Epson Corporation and Epson America, Inc.

          JUDGMENT PURSUANT TO ENTRY OF DEFAULT

         This cause having come before this Court on the motion of Plaintiffs Seiko Epson Corporation and Epson America, Inc. (collectively “Plaintiffs”) for entry of default judgment and permanent injunction (“Motion”) against Defendants Inksystem LLC, Lucky Print, LLC, AF LLC, ART LLC, Inkredible LLC LLC, Andriy Kravchuk, Igor Bielov, Artem Koshkalda, Vitalii Maliuk, Veles LLC, Alado LLC, Karine LLC, KBF, LLC, Karine Vardanian a/k/a Karine Christ a/k/a Karine Crist a/k/a Karine Westbrook, Vladimir Slobodianiuk a/k/a Volodymyr Slobodianiuk a/k/a Vladimir Westbrook, Kristina Antonova a/k/a Krystyna Antonova a/k/a Kristy Antonova a/k/a Krystyna Antanova a/k/a Krystyna Taryanik, and Roman Taryanik (collectively, “Defendants”), and Sancase LLC, Vilacet LLC, Renoca LLC, Best Deal Cartridge, LLC, Privat Group LLC, Yava LLC and Danalop LLC (collectively, “Koshkalda's Companies”);

         AND, the Court having read and considered the pleadings, declarations and exhibits on file in this matter and having reviewed such evidence as was presented in support of Plaintiffs' Motion;

         AND, GOOD CAUSE APPEARING THEREFOR, the Court finds the following facts:

Plaintiffs are the owners of all rights in and to trademark registrations, including, but not limited to, the trademarks which are the subject of the registrations listed in Exhibit A (collectively the “Plaintiffs' Trademarks”), attached hereto.
Plaintiffs have complied in all respects with the laws governing trademarks and secured the exclusive rights and privileges in and to the Plaintiffs' Trademarks.

         The appearance and other qualities of the Plaintiffs' Trademarks are distinctive and original.

         Defendants are using Plaintiffs' Trademarks or marks confusingly similar to Plaintiffs' Trademarks, in connection with the importation, manufacture, distribution, sale and offer for sale of counterfeit and/or infringing ink cartridges bearing unauthorized reproductions or substantially similar copies of registered trademarks owned by Plaintiffs (“Unauthorized Product”).

         Defendants' advertising, displaying, promoting, marketing, distributing, offering for sale and selling of the Unauthorized Product was engaged in willfully and intentionally, without leave or license from Plaintiffs, in violation of Plaintiffs' rights in and to Plaintiffs' Trademarks.

         The liability of the Defendants in the above-referenced action for their acts in violation of Plaintiffs' rights is knowing and willful, and as such the Court expressly finds that there is no just reason for delay in entering the default judgment and permanent injunction sought herein.

         The Court has previously found that Plaintiffs have shown that proceeds from Defendants' infringement were deposited into a large number of bank accounts and also used to purchase valuable real estate, among other things. Dkt. 159.

         The Court has also found that Plaintiffs have shown that Defendants have and are likely to further liquidate and dissipate assets, that they have a history of transferring money to family members and using shell companies to hide assets or the source of money. Dkt. 159.

         The Court, as a result of Defendants' dissipation, secreting, and hiding of assets and other bad faith acts, granted an Order for Asset Seizure and Impoundment against Defendants AF LLC, ART LLC, Inkredible LLC LLC, Andriy Kravchuk, Igor Bielov, Artem Koshkalda and Vitalii Maliuk on August 22, 2017 (“Asset Freeze Order”), enjoining them and any person, corporation or other entity acting in concert with them, from further transfer or other concealment of assets. Dkt. 159. After Defendant Koshkalda, with the assistance of co-Defendant Vladimir Westbrook, continued to act in violation of the Court's Asset Freeze Order, individually, and through various shell companies, including but not limited to Sancase LLC, Vilacet LLC and Renoca LLC, the Court set a hearing requiring the personal appearance of both Koshkalda and Westbrook regarding their alleged contempt, but they failed to appear in violation of the Court's Order and were found in contempt of Court. Dkt. 250 (“Contempt Order”). As a result of Koshkalda's continued and undisputed violation of Court Orders, including of the Asset Freeze Order, an Amended Asset Freeze Order was issued as against Koshkalda and his companies as a direct result of his latest contempt.

         Therefore, based upon the foregoing facts, and GOOD CAUSE APPEARING THEREFOR, THE COURT ORDERS that this Judgment shall be and is hereby entered in the within action as follows:

         1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 15 U.S.C. §§ 1051, et seq., 28 U.S.C. §§ 1331 and 1338. Service of process was properly made on the Defendants.

         2) Defendants are using Plaintiffs' Trademarks or marks confusingly similar to Plaintiffs' Trademarks, in connection with the importation, manufacture, distribution, sale and offer for sale of ...


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