United States District Court, W.D. Pennsylvania
November 16, 2005.
RODNEY J. LOOMIS d/b/a LOOMCO, Plaintiffs,
DIRECT INTERNATIONAL, INC., PAUL DEMOCKO, ROBERT REAGLE II, DANIEL R. WHITE and JIANIMNG YANG Defendants.
The opinion of the court was delivered by: GARY LANCASTER, District Judge
PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT
The plaintiff Rodney J. Loomis, d/b/a Loomco ("Loomco") having
filed a complaint against defendants Direct International, Inc.
("Direct"), a corporation duly organized and existing under the
laws of the State of Ohio, which maintains its principal place of
business at 1101 Andrews Avenue, Youngstown, Ohio, and Paul
Democko, Robert J. Reagle II, Daniel R. White and Jianming Yang
(the "Individual Defendants"), asserting causes of action for (i)
copyright infringement, arising out of Direct's sale and offering
for sale of products that Loomco claimed infringed the Loomco
Copyrights (the "Complained-Of Goods"), (ii) claims based on the
Individual Defendants' anticompetitive activities against Loomco
and their misuse of confidential and proprietary business
information unlawfully taken from Loomco, including claims of
breach of contract; misappropriation; breach of the duty of
loyalty; tortious interference with contractual and business
relations; corporate raiding and unfair competition; civil
conspiracy; and defamation and commercial disparagement
(collectively referred to as the "State Law Claims") and iii)
claims for trademark and trade dress infringement. The parties having entered into a Settlement Agreement dated
November 9th, 2005 providing, inter alia, for the entry
of this Permanent Injunction and Final Judgment on Consent; and
This Court having jurisdiction over the subject matter of this
action and over defendant Direct and the Individual Defendants,
and venue in this action being proper in this judicial district;
IT IS HEREBY ORDERED that defendant DIRECT INTERNATIONAL, INC.,
its directors, agents, employees, affiliates, divisions and
subsidiaries, as well as the Individual Defendants, agree that
they shall be PERMANENTLY ENJOINED and RESTRAINED from (i) the
manufacture, purchase, distribution, advertisement, promotion,
display, marketing, offer for sale, sale or any other commercial
exploitation of any kind, of the Complained-Of Goods identified
in the Settlement Agreement dated November 9th, 2005; (ii)
contacting any of Loomco's customers, vendors and suppliers in an
effort to interfere with Loomco's business relations; and (iii)
using, appropriating or disclosing at any time, for any purpose,
any of Loomco's confidential and proprietary documents, business
information and trade secrets including, but not limited to,
product, pricing and customer and supplier information.
This Court retains jurisdiction for the purpose of enforcing
the provisions of this Permanent Injunction and Final Judgment on
Consent by way of contempt or otherwise. Direct and the
Individual Defendants agree not to contest the validity of the
Loomco Copyrights in any such proceeding.
The parties waive appeal of this Permanent Injunction and Final
Judgment on Consent.
This Permanent Injunction and Final Judgment on Consent shall
operate as the Final Judgment in this action. SO ORDERED.
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