Dr. JKL Ltd. v. HPC IT EDUCATION CENTER

Good Law
749 F. Supp. 2d 1038·2010 WL 4366174·2010 U.S. Dist. LEXIS 119908
United States District Court, Northern District of CaliforniaOctober 28, 2010CV 09-4977 RSCalifornia5,250 words

Opinion

Opinion

Seeborg, J.

ORDER GRANTING MOTIONS TO STRIKE AND FOR DEFAULT JUDGMENT

I. INTRODUCTION

Plaintiff Dr. JKL, Limited filed a complaint against defendants HPC IT Education Center (“HPC”), and Sam Yuen alleging: (1) copyright infringement in violation of 17 U.S.C § 501; (2) trademark infringement in violation of 15 U.S.C. § 1127 ; (3) false designation of origin in violation of 15 U.S.C. § 1125 ; (4) breach of written contract; and (5) breach of the covenant of good faith and fair dealing. Defendant Yuen filed an “Answer & Defence to the Complaint” (sic) (the “Answer”), as well as a letter addressed to the Court, on behalf of himself and defendant HPC. Plaintiff has moved to strike defendants’ Answer and for a default judgment against defendants pursuant to Rule 55(b)(2) of Federal Rules Civil Procedure. For the reasons stated below, both motions are granted and judgment is entered in favor of plaintiff.

II. RELEVANT FACTS

Plaintiffs complaint alleges that its founding director, Paul C. Poon, developed a novel software product called “JKL Chinese Typing System,” for which plaintiff owns the exclusive license under Poon’s copyright. Poon developed the JKL Chinese Typing System in San Jose,…

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