Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 1 of 5
`
`JONATHAN H. BLAVIN (State Bar No. 230269)
`jonathan.blavin@mto.com
`NICHOLAS D. FRAM (State Bar No. 288293)
`Nicholas.Fram@mto.com
`MICA L. MOORE (State Bar No. 321473)
`Mica.Moore@mto.com
`MUNGER, TOLLES & OLSON LLP
`560 Mission Street
`Twenty-Seventh Floor
`San Francisco, California 94105-2907
`Telephone:
`(415) 512-4000
`Facsimile:
`(415) 512-4077
`
`Attorneys for LinkedIn Corporation
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`LinkedIn Corporation,
`
`Case No. 4:22-cv-00651-HSG
`
`Plaintiff,
`
`FINAL JUDGMENT ON CONSENT
`
`vs.
`
`Mantheos Pte. Ltd., Jeremiah Tang, Yuxi
`Chew, and Stan Kosyakov
`
`Defendants.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` FINAL JUDGMENT ON CONSENT
`
`

`

`Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 2 of 5
`
`FINAL JUDGMENT ON CONSENT
`
`WHEREAS, on February 1, 2022, LinkedIn filed a Complaint against Defendants
`
`Mantheos Pte. Ltd., Jeremiah Tang, Yuxi Chew, and Stan Kosyakov (collectively, “Defendants”)
`
`alleging that Defendants engaged in unlawful acts of breach of contract, fraud and deceit, and
`
`misappropriation and violated the Lanham Act, 15 U.S.C. § 1125(c).
`
`WHEREAS, LinkedIn alleges that Defendants gained unauthorized access to the
`
`LinkedIn website and LinkedIn member profile data, extracted and copied data from millions of
`
`LinkedIn member profile pages using an automated process known as “scraping,” and used
`
`hundreds of fake LinkedIn member accounts and prepaid debit cards under fake names to
`
`fraudulently obtain access to LinkedIn Sales Navigator;
`
`WHEREAS, LinkedIn served Defendants with the Summons and Complaint on
`
`February 3, 2022;
`
`WHEREAS, Defendants have not filed an answer in this matter, but deny liability
`
`for the actions alleged in the Complaint;
`
`WHEREAS, Defendants consent to this Court’s jurisdiction over them for the
`
`purposes of entry and enforcement of this Final Judgment on Consent;
`
`WHEREAS, LinkedIn and Defendants (collectively, the “parties”) have reached an
`
`agreement for resolution of the action; and
`
`THEREFORE, Defendants consent and stipulate to judgment in favor of LinkedIn
`
`and authorize the Court to enter judgment granting relief in favor of LinkedIn as follows:
`
`Defendants, and all of their officers, directors, agents, servants, and employees, and
`
`all persons in active concert or participation or in privity with any of them, ARE HEREBY
`
`PERMANENTLY RESTRAINED AND BARRED from:
`
`a.
`
`Accessing or attempting to access or use LinkedIn’s website, computers, computer
`
`systems, computer network, or computer programs (collectively, “LinkedIn’s Servers”), and data
`
`stored therein (“LinkedIn Data”), through scraping, crawling, and/or the use of bots or other
`
`automated technologies as described in ¶¶ 51–61 of the Complaint filed in this Action, or
`
`-2-
` FINAL JUDGMENT ON CONSENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`

`

`Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 3 of 5
`
`otherwise in violation of LinkedIn’s User Agreement;
`
`b.
`
`Marketing, advertising, or otherwise making any statements or
`
`representations to anyone regarding the scraping, inclusion or availability of LinkedIn member
`
`data on Defendants’ website or through Defendants’ services;
`
`c.
`
`Circumventing any technological measure that controls access to
`
`LinkedIn’s Servers;
`
`d.
`
`Offering, selling, making available for sale, or otherwise copying and/or
`
`transferring (including for free) LinkedIn Data to any third party, or offering or developing any
`
`software or services that can be used by third parties to obtain LinkedIn Data from LinkedIn’s
`
`Servers in automated ways.
`
`e.
`
`Enrolling or attempting to enroll in subscriptions and/or trials of Sales
`
`Navigator or any other LinkedIn product by means of fraud and deceit, including but not limited to
`
`enrollment using LinkedIn accounts registered under fictitious names; or
`
`f.
`
`Engaging in any activity likely to dilute the distinctiveness of LinkedIn’s
`
`registered marks.
`
`Defendants represent that they have destroyed all LinkedIn member profile data, whether
`
`stored in electronic form or otherwise, in their possession, custody, or control and have certified in
`
`writing that they have done so.
`
`Violation of this Final Judgment on Consent shall expose Defendants and all other persons
`
`bound by this Final Judgment on Consent to all applicable penalties, including contempt of Court.
`
`All claims and defenses in this action are hereby resolved by this Final Judgment on
`
`Consent. This Final Judgment on Consent is final and may not be appealed by any party. The
`
`Clerk shall enter this Final Judgment on Consent forthwith.
`
`This Court shall retain continuing jurisdiction over the parties and the action for purposes
`
`of enforcing this Final Judgment on Consent.
`
`//
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`-3-
` FINAL JUDGMENT ON CONSENT
`
`

`

`Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 4 of 5
`
`DATED: May 6, 2022
`
`MUNGER, TOLLES & OLSON LLP
`
`By:
`
` /s/ Jonathan H. Blavin
`JONATHAN H. BLAVIN
`Attorneys for LinkedIn Corporation
`
`DATED: May 6, 2022
`
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`
`By:
`
` /s/ Terry L. Wit
`TERRY L. WIT
`Attorneys for Defendants
`
`FINAL JUDGMENT: PURSUANT TO STIPULATION, IT IS SO ORDERED.
`
`DATED: May 9, 2022
`
`HONORABLE HAYWOOD S. GILLIAM, JR.
`U.S. DISTRICT JUDGE
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`-4-
` FINAL JUDGMENT ON CONSENT
`
`

`

`Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 5 of 5
`
`ECF ATTESTATION
`
`I, Jonathan H. Blavin, attest that all other signatories listed, and on whose behalf the filing
`
`is submitted, concur in the filing’s content and have authorized the e-filing of the foregoing
`
`document in compliance with Local Rule 5-1(h)(3).
`
`/s/ Jonathan H. Blavin
`Jonathan H. Blavin
`
`-5-
`[PROPOSED] FINAL JUDGMENT ON CONSENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`