Hsieh
Sonista, Inc. v. Hsieh
Opinion
Opinion
Whyte, J.
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION
Plaintiff Sonista Corp. (“Sonista”) moves for a preliminary injunction against David Hsieh (“Hsieh”), Techpac, Inc. (“Tech-pac”), and Pixa, Inc. (“Pixa”) preventing defendants from using the DVONE mark initially registered to Sonista but which Sonista alleges was fraudulently sold to Techpac. The motion was heard on November 5, 2004. The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, the court grants plaintiffs motion.
I. BACKGROUND
A. The Parties
Plaintiff Sonista, along with its majority shareholder Eastern Asia Technology Group, Ltd. (“Eastech”), is in the business of developing, manufacturing, and distributing consumer electronic audio and video products. From 2001 to March 5, 2004, defendant Hsieh was the General Manager and President of Sonista. He is presently a member of Sonista’s board of directors and owns 20% of its shares. Defendant Techpac is a corporation to which Hsieh sold the DVONE mark. The CEO of Techpac is Mei-Hui Lee, Hsieh’s wife. After the mark was sold, defendant Pixa licensed the DVONE mark from Techpac. Hsieh is currently vice…