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AMO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-22-2019 4:05 pm
Case Number: CPF-19-516563
Filing Date: Apr-22-2019 4:03
Filed by: ERICKA LARNAUTI
Image: 06777613
ORDER
ROBBIE LEE GILLELAND ET AL VS. SHENZHEN FEST TECHNOLOGY CO., LTD.
001006777613
Instructions:
Please place this sheet on top of the document to be scanned.Cm IN AH Bw HH!
wwe NY YR NN HK SF eee eee we ee
aN A UW BRB YW NHN KF DBO we NIN DAHA FF YW N KY
DAVID J. COOK, ESQ. SBN 060859
COOK COLLECTION ATTORNEYS San Francisco Counly Superior Court
A PROFESSIONAL LAW CORPORATION
165 Fell Street, San Francisco, CA 94102 APR 22 2019
P.O. Box 270, San Francisco, CA 94104-0270 Cc
Telephone: (415) 989-4730 F THE Col
Facsimile: (415) 989-0491 BY:
cook@cookcollectionattoreys.com eputy Cleri
Our File No. 58,002 .
Attorneys for Plaintiffs ROBBIE LEE GILLELAND
and REBECCA GILLELAND
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
ROBBIE LEE GILLELAND CASE NO. CPF 19-516563
and REBECCA GILLELAND,
ORDER GRANTING MOTION FOR
Plaintiffs, APPOINTMENT OF A Receiver UNDER
C.C.P. §699.070(a), C.C.P. §708.620, C.C.P.
§564, C.C.P. §554, C.C.P. §568, C.C.P. §568.5;
PURSUANT TO C.C.P. §1710.45(b)(2), AND
THAT ALL ASSETS LEVIED UPON SHALL
BE IMPOUNDED PENDING SERVICE OF
THE NOTICE OF ENTRY OF THE SISTER
STATE JUDGMENT AND APPLICATION
THEREON, PURSUANT TO C.C.P.
§1710.30(a).
vs.
SHENZHEN FEST TECHNOLOGY
Co., LTD,
Defendant,
Date of Hearing: April 22, 2019
Time of Hearing: 9:30 a.m.
Department: 302
Name of Judge: Honorable Ethan P.
Schulman .
eee
Said NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A Receiver
UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.C.P. §568, C.C.P.
§568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON
SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE
1
ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554,
CCP. $568, C.C.P. $568.5; PURSUANT TO C.CP. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED
PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO
CCP. §1710.30€@).Do em NY DH PF WN |
Dw NM YN NN NY NYDN Bee eB Be we Be Be Be
ont DA UW FF Ww NHN KF& D0 eo YTD DH FF Bw YH - S&S
SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P.
§1710.30(a), and the matter having come up for hearing on this 22" day of April, 2019, before the
Honorable Ethan P. Schulman, Judge of the Superior Court, in Department 302, and the court
having issued a tentative ruling in favor of Plaintiff s and no opposition having been filed by the
Defendant SHENZHEN FEST TECHNOLOGY CO., LTD, and the court having considered the
relief sought here in and for good cause appearing, therefore,
IT IS HEREBY ORDERED THAT THE Notice of Motion and Motion for Appointment of
a Receiver under C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.C.P. §568,
C.C.P. §568.5, be and the same is hereby granted for the following assets:
A. The trademark "EFEST," registered with the United States Patent and
Trademark office (hereinafter, "USPTO"), Serial Number 86964014, which trademark is for goods
and services described herein as follow:
"IC 009. US 021 023 026 036 038. G & S: Computer monitors; notebook
computers; cabinets for loudspeakers; television apparatus for projection
purposes; theft prevention installations, electric; batteries, electric; computer
peripheral devices; cell phones; portable telephones; battery chargers."
B. The trademark "EFEST," registered with the USPTO, Serial Number
86066338, which trademark is for goods and services described herein below:
"IC 009. US 021 023 026 036 038. G&S: Batteries; Batteries and battery
chargers; Battery chargers; Burglar alarms; Computer networking hardware;
Electric connections and connectors; Electric contacts; Electrical
connectors; Electrical plugs and sockets; Junction boxes; Network access
server hardware; Theft alarms."
[And both trademarks for EFEST, Serial Numbers 86964014 and 86066338 are hereinafter
collectively cited as "EFEST Trademarks."]
IT IS FURTHER ORDERED THAT Michael S. Warda be and the same is hereby
appointed as and for the receiver of the above described assets, and with all of the rights, remedies,
powers and privileges under C.C.P. §568 and C.C.P. §568.5 (“Receiver”) as follows:
A. The Receiver shall be entitled to sell, auction, convey, transfer, license, and
sublicense the EFEST Trademarks, and all rights arising therefrom.
2
ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C-P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554,
C.CP. §568, C.C.P. $568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED
PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO
CCP. §1710.30@).Ce YN AH RW N
NN YN NY N NNN SS He Bee Se Be Be Be ew
oN AA FBS FF SD we NY DH BF WN FS OD
B. The Receiver may conduct a private or public sale, subject to further order
of this court, and to the highest bidder, including a credit bid by Plaintiffs, to sell the EFEST
Trademarks, and all rights arising therefrom.
Cc. The Receiver may establish one or more bank accounts to deposit any and
all proceeds thereof from the sale of the EFEST Trademarks, and all rights arising therefrom.
Dz. The Receiver may make, execute and deliver any types of applications,
transfer notices, notes, instruments, or other writings, for and on behalf of any purchaser, and/or
conveyee of the intellectual property therein, and to execute, make and deliver any and all writings
required by the United States Trademark and Patent Office, to facilitate the transfer thereunder of
the EFEST Trademarks, and all rights arising therefrom.
E. The Receiver is authorized, if necessary, to affix the name of the Defendant
on any documents which may be required by the United States Trademark and Patent Office, to
facilitate the transfer of the EFEST Trademarks, and all rights arising therefrom.
IT IS FURTHER ORDERED THAT an officer or agent of SHENZHEN FEST
TECHNOLOGY CO., LTD. (“SHENZHEN”) shall execute any assignment, writings, instruments,
notices, applications, supplements to applications, or anything else required by the USPTO to
facilitate the sale, transfer, or other disposition of the EFEST Trademarks, and all rights arising
therefrom, to the purchaser arising from the sale by the Receiver, including the Plaintiffs, and in
the event of noncompliance therewith, order any other judicial officer of this court, including the
Clerk of this Court, shall sign the name of any officer or agent on behalf of SHENZHEN to
likewise execute any assignment, writings, instruments, notices, applications, supplements to
applications, or anything else required by the USPTO to facilitate the sale, transfer, or other
disposition of the EFEST Trademarks, and all rights arising therefrom, to the purchaser.
IT IS FURTHER ORDERED THAT the Receiver may retain the services of one or
more attorneys, experts or consultants, by which to aid and advise the Receiver in the performance
of the duties thereunder and appraise or evaluate the EFEST Trademarks, and all rights arising
3
ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554,
C.CP. §568, C.C.P. §568.5; PURSUANT TO C.C-P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED
PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO
CCP. §1710.30(a).SCO mem ND HW RF Ww NY
yD MWY NY YY NK NY BS Bee Se Be Se Be Be Be eS
oN AA Bow NO FF SD eH DH BF WN
therefrom.
IT IS FURTHER ORDERED THAT the Receiver may advertise and incur any
expense for purposes of advertising the EFEST Trademarks, and all rights arising therefrom, to the
purchaser, which would include the publication in The Wall Street Journal, or any similar
publication, or any other activity by which to promote the sale thereunder of the EFEST
Trademarks, and all rights arising therefrom.
IT IS FURTHER ORDERED THAT the Receiver shall take and receive all funds
constituting the proceeds from the sale of the EFEST Trademarks, and all rights arising therefrom,
and deposit the same ina Receiver’s account, pending further order of this court.
IT IS FURTHER ORDERED THAT the Receiver may conduct a credit bid for the
benefit of the Plaintiffs thereunder for the sale of the EFEST Trademarks, and all rights arising
therefrom.
IT IS FURTHER ORDERED THAT the Receiver be entitled to exercise any and all
other rights and remedies necessary to facilitate the transfer of the EFEST Trademarks, and all
rights arising therefrom, under the auspices of the USPTO and the execution of all documents that
the USPTO may require, to facilitate the transfer of all right, title and interest, of SHENZHEN in
and to the EFEST Trademarks, and all rights arising therefrom, to the purchaser thereof, under the
auspices of the sale by the Receiver.
IT IS FURTHER ORDERED THAT SHENZHEN shall cooperate in, or shall be
ordered to, or judicially appointed agent, successor or designee shall, to execute any and all powers
of attorney, applications, assignments, declarations, affidavits, and any other agreements,
documents or instruments in connection with the EFEST Trademarks necessary or appropriate to
perfect such rights, title and interest assigned to the purchaser, its successors, assigns and legal
representatives. SHENZHEN shall further cooperate in, or shall be ordered to, or judicially
appointed agent or successor or designee shall, to communicate to the purchaser, and its
successors, assigns and legal representatives, any facts known to SHENZHEN respecting the
4
ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554,
C.CP. §568, C.C.P. §568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED
PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO
C.CP. §1710.30(a).
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EFEST Trademarks and to provide to the purchaser all written and electronic documentation in
support of SHENZHEN’s ownership of the EFEST Trademarks and, at the expense of the
purchaser, to testify in any legal proceedings, sign all lawful agreements, documents or
instruments, make all lawful oaths and generally do everything possible to vest title in the
purchaser and to aid the purchaser, its successors, assigns and legal representatives to obtain and
enforce its rights under the EFEST Trademarks.
IT IS FURTHER ORDERED THAT the Receiver be authorized and entitled to file
suit against any and all persons using the EFEST Trademarks, including any manufacturer, maker,
distributor, retailer, importer, wholesaler, online merchant, auction house, seller at any trade fair,
convention, or other facility, any person who is the owner or licensee of the EFEST Trademarks or
any other person who is utilizing the EFEST Trademarks without the written consent and
permission of the Receiver; that the Receiver be authorized to file suit against any infringer as
described herein, including but not limited to seeking an injunction against the infringement of the
EFEST Trademarks, seeking to confiscate, impound, seize, sequester, take possession of, remove
from commerce, or-any combination of the same, any infringing products or any products bearing
an unauthorized use of the EFEST Trademarks; the forwarding of, by any means possible, cease
and desist letters, cease and desist communications, telephone and electronic communications,
emails, text messages, posting of communications of any medium of the social media, including
Facebook, Instagram, Twitter, Whatsapp, Instagram, YouTube, Google+, Pinterest, Tumblr, and
all other forms of social media; that the Receiver take possession of, recovery of, use legal process
to seize, sequester and replevin, or otherwise use legal process to remove from the marketplace
any and all unauthorized use of the EFEST Trademarks by any person.
IT IS FURTHER ORDERED THAT the court shall keep and retain continuing jurisdiction
for the sale or liquidation of the EFEST Trademarks, and all rights arising therefrom.
I
i
5
ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554,
C.CP. §568, C.C.P. $568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED
PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO
CCP. §1710.30(@).Cm NY DAH PF WN
YN NY NR NY NN KN KN HY Bee Be Se Be Be Be Be Se
od AA Ko NHN FF SO wm IY DH FF WN KF SS
IT IS FURTHER ORDERED THAT all assets levied upon shall be impounded pending
service of the notice of entry of the sister state judgment and application thereon, pursuant to
CCP. §1710.30(a). /)
Date: April 22, 2019 ; p Ip
JUDGE ETHAN & SCHULMAN
JUDGE OF THE SUPERIOR COURT
NOTICE TO THE JUDGMENT DEBTOR SHENZHEN FEST TECHNOLOGY CO., LTD.
Please take notice that the court has issued one of more orders which restrain, enjoin,
stay, prohibit, and bar you from taking certain actions and or one or more orders that
compel you to take certain actions. :
Failure to comply with these one or more orders as described above my constitute
contempt of court under California Code of Civil Procedure 1209(a) and otherwise allowed
under the laws of the state of California.
6
ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554,
C.CP. §568, C.CP. §568.5; PURSUANT TO C.CP. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED
PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO
CCP, §1710.30(a).
Preview
AMO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-22-2019 4:05 pm Case Number: CPF-19-516563 Filing Date: Apr-22-2019 4:03 Filed by: ERICKA LARNAUTI Image: 06777613 ORDER ROBBIE LEE GILLELAND ET AL VS. SHENZHEN FEST TECHNOLOGY CO., LTD. 001006777613 Instructions: Please place this sheet on top of the document to be scanned.Cm IN AH Bw HH! wwe NY YR NN HK SF eee eee we ee aN A UW BRB YW NHN KF DBO we NIN DAHA FF YW N KY DAVID J. COOK, ESQ. SBN 060859 COOK COLLECTION ATTORNEYS San Francisco Counly Superior Court A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102 APR 22 2019 P.O. Box 270, San Francisco, CA 94104-0270 Cc Telephone: (415) 989-4730 F THE Col Facsimile: (415) 989-0491 BY: cook@cookcollectionattoreys.com eputy Cleri Our File No. 58,002 . Attorneys for Plaintiffs ROBBIE LEE GILLELAND and REBECCA GILLELAND SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ROBBIE LEE GILLELAND CASE NO. CPF 19-516563 and REBECCA GILLELAND, ORDER GRANTING MOTION FOR Plaintiffs, APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.C.P. §568, C.C.P. §568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a). vs. SHENZHEN FEST TECHNOLOGY Co., LTD, Defendant, Date of Hearing: April 22, 2019 Time of Hearing: 9:30 a.m. Department: 302 Name of Judge: Honorable Ethan P. Schulman . eee Said NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.C.P. §568, C.C.P. §568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE 1 ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, CCP. $568, C.C.P. $568.5; PURSUANT TO C.CP. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO CCP. §1710.30€@).Do em NY DH PF WN | Dw NM YN NN NY NYDN Bee eB Be we Be Be Be ont DA UW FF Ww NHN KF& D0 eo YTD DH FF Bw YH - S&S SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a), and the matter having come up for hearing on this 22" day of April, 2019, before the Honorable Ethan P. Schulman, Judge of the Superior Court, in Department 302, and the court having issued a tentative ruling in favor of Plaintiff s and no opposition having been filed by the Defendant SHENZHEN FEST TECHNOLOGY CO., LTD, and the court having considered the relief sought here in and for good cause appearing, therefore, IT IS HEREBY ORDERED THAT THE Notice of Motion and Motion for Appointment of a Receiver under C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.C.P. §568, C.C.P. §568.5, be and the same is hereby granted for the following assets: A. The trademark "EFEST," registered with the United States Patent and Trademark office (hereinafter, "USPTO"), Serial Number 86964014, which trademark is for goods and services described herein as follow: "IC 009. US 021 023 026 036 038. G & S: Computer monitors; notebook computers; cabinets for loudspeakers; television apparatus for projection purposes; theft prevention installations, electric; batteries, electric; computer peripheral devices; cell phones; portable telephones; battery chargers." B. The trademark "EFEST," registered with the USPTO, Serial Number 86066338, which trademark is for goods and services described herein below: "IC 009. US 021 023 026 036 038. G&S: Batteries; Batteries and battery chargers; Battery chargers; Burglar alarms; Computer networking hardware; Electric connections and connectors; Electric contacts; Electrical connectors; Electrical plugs and sockets; Junction boxes; Network access server hardware; Theft alarms." [And both trademarks for EFEST, Serial Numbers 86964014 and 86066338 are hereinafter collectively cited as "EFEST Trademarks."] IT IS FURTHER ORDERED THAT Michael S. Warda be and the same is hereby appointed as and for the receiver of the above described assets, and with all of the rights, remedies, powers and privileges under C.C.P. §568 and C.C.P. §568.5 (“Receiver”) as follows: A. The Receiver shall be entitled to sell, auction, convey, transfer, license, and sublicense the EFEST Trademarks, and all rights arising therefrom. 2 ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C-P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.CP. §568, C.C.P. $568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO CCP. §1710.30@).Ce YN AH RW N NN YN NY N NNN SS He Bee Se Be Be Be ew oN AA FBS FF SD we NY DH BF WN FS OD B. The Receiver may conduct a private or public sale, subject to further order of this court, and to the highest bidder, including a credit bid by Plaintiffs, to sell the EFEST Trademarks, and all rights arising therefrom. Cc. The Receiver may establish one or more bank accounts to deposit any and all proceeds thereof from the sale of the EFEST Trademarks, and all rights arising therefrom. Dz. The Receiver may make, execute and deliver any types of applications, transfer notices, notes, instruments, or other writings, for and on behalf of any purchaser, and/or conveyee of the intellectual property therein, and to execute, make and deliver any and all writings required by the United States Trademark and Patent Office, to facilitate the transfer thereunder of the EFEST Trademarks, and all rights arising therefrom. E. The Receiver is authorized, if necessary, to affix the name of the Defendant on any documents which may be required by the United States Trademark and Patent Office, to facilitate the transfer of the EFEST Trademarks, and all rights arising therefrom. IT IS FURTHER ORDERED THAT an officer or agent of SHENZHEN FEST TECHNOLOGY CO., LTD. (“SHENZHEN”) shall execute any assignment, writings, instruments, notices, applications, supplements to applications, or anything else required by the USPTO to facilitate the sale, transfer, or other disposition of the EFEST Trademarks, and all rights arising therefrom, to the purchaser arising from the sale by the Receiver, including the Plaintiffs, and in the event of noncompliance therewith, order any other judicial officer of this court, including the Clerk of this Court, shall sign the name of any officer or agent on behalf of SHENZHEN to likewise execute any assignment, writings, instruments, notices, applications, supplements to applications, or anything else required by the USPTO to facilitate the sale, transfer, or other disposition of the EFEST Trademarks, and all rights arising therefrom, to the purchaser. IT IS FURTHER ORDERED THAT the Receiver may retain the services of one or more attorneys, experts or consultants, by which to aid and advise the Receiver in the performance of the duties thereunder and appraise or evaluate the EFEST Trademarks, and all rights arising 3 ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.CP. §568, C.C.P. §568.5; PURSUANT TO C.C-P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO CCP. §1710.30(a).SCO mem ND HW RF Ww NY yD MWY NY YY NK NY BS Bee Se Be Se Be Be Be eS oN AA Bow NO FF SD eH DH BF WN therefrom. IT IS FURTHER ORDERED THAT the Receiver may advertise and incur any expense for purposes of advertising the EFEST Trademarks, and all rights arising therefrom, to the purchaser, which would include the publication in The Wall Street Journal, or any similar publication, or any other activity by which to promote the sale thereunder of the EFEST Trademarks, and all rights arising therefrom. IT IS FURTHER ORDERED THAT the Receiver shall take and receive all funds constituting the proceeds from the sale of the EFEST Trademarks, and all rights arising therefrom, and deposit the same ina Receiver’s account, pending further order of this court. IT IS FURTHER ORDERED THAT the Receiver may conduct a credit bid for the benefit of the Plaintiffs thereunder for the sale of the EFEST Trademarks, and all rights arising therefrom. IT IS FURTHER ORDERED THAT the Receiver be entitled to exercise any and all other rights and remedies necessary to facilitate the transfer of the EFEST Trademarks, and all rights arising therefrom, under the auspices of the USPTO and the execution of all documents that the USPTO may require, to facilitate the transfer of all right, title and interest, of SHENZHEN in and to the EFEST Trademarks, and all rights arising therefrom, to the purchaser thereof, under the auspices of the sale by the Receiver. IT IS FURTHER ORDERED THAT SHENZHEN shall cooperate in, or shall be ordered to, or judicially appointed agent, successor or designee shall, to execute any and all powers of attorney, applications, assignments, declarations, affidavits, and any other agreements, documents or instruments in connection with the EFEST Trademarks necessary or appropriate to perfect such rights, title and interest assigned to the purchaser, its successors, assigns and legal representatives. SHENZHEN shall further cooperate in, or shall be ordered to, or judicially appointed agent or successor or designee shall, to communicate to the purchaser, and its successors, assigns and legal representatives, any facts known to SHENZHEN respecting the 4 ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.CP. §568, C.C.P. §568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.CP. §1710.30(a). aN om YN DAH FP Ww 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 EFEST Trademarks and to provide to the purchaser all written and electronic documentation in support of SHENZHEN’s ownership of the EFEST Trademarks and, at the expense of the purchaser, to testify in any legal proceedings, sign all lawful agreements, documents or instruments, make all lawful oaths and generally do everything possible to vest title in the purchaser and to aid the purchaser, its successors, assigns and legal representatives to obtain and enforce its rights under the EFEST Trademarks. IT IS FURTHER ORDERED THAT the Receiver be authorized and entitled to file suit against any and all persons using the EFEST Trademarks, including any manufacturer, maker, distributor, retailer, importer, wholesaler, online merchant, auction house, seller at any trade fair, convention, or other facility, any person who is the owner or licensee of the EFEST Trademarks or any other person who is utilizing the EFEST Trademarks without the written consent and permission of the Receiver; that the Receiver be authorized to file suit against any infringer as described herein, including but not limited to seeking an injunction against the infringement of the EFEST Trademarks, seeking to confiscate, impound, seize, sequester, take possession of, remove from commerce, or-any combination of the same, any infringing products or any products bearing an unauthorized use of the EFEST Trademarks; the forwarding of, by any means possible, cease and desist letters, cease and desist communications, telephone and electronic communications, emails, text messages, posting of communications of any medium of the social media, including Facebook, Instagram, Twitter, Whatsapp, Instagram, YouTube, Google+, Pinterest, Tumblr, and all other forms of social media; that the Receiver take possession of, recovery of, use legal process to seize, sequester and replevin, or otherwise use legal process to remove from the marketplace any and all unauthorized use of the EFEST Trademarks by any person. IT IS FURTHER ORDERED THAT the court shall keep and retain continuing jurisdiction for the sale or liquidation of the EFEST Trademarks, and all rights arising therefrom. I i 5 ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.CP. §568, C.C.P. $568.5; PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO CCP. §1710.30(@).Cm NY DAH PF WN YN NY NR NY NN KN KN HY Bee Be Se Be Be Be Be Se od AA Ko NHN FF SO wm IY DH FF WN KF SS IT IS FURTHER ORDERED THAT all assets levied upon shall be impounded pending service of the notice of entry of the sister state judgment and application thereon, pursuant to CCP. §1710.30(a). /) Date: April 22, 2019 ; p Ip JUDGE ETHAN & SCHULMAN JUDGE OF THE SUPERIOR COURT NOTICE TO THE JUDGMENT DEBTOR SHENZHEN FEST TECHNOLOGY CO., LTD. Please take notice that the court has issued one of more orders which restrain, enjoin, stay, prohibit, and bar you from taking certain actions and or one or more orders that compel you to take certain actions. : Failure to comply with these one or more orders as described above my constitute contempt of court under California Code of Civil Procedure 1209(a) and otherwise allowed under the laws of the state of California. 6 ORDER GRANTING MOTION FOR APPOINTMENT OF A Receiver UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.C.P. §554, C.CP. §568, C.CP. §568.5; PURSUANT TO C.CP. §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO CCP, §1710.30(a).