“At Wilmington this / / ‘f’ day of _ 4..:….f-",__ •’_/ ___ , 2025, having considered Plaintiffs Motion for Default Judgment, Statutory Damages, and Permanent Injunction (the "Motion") and supporting evidence, IT IS HEREBY ORDERED that the Motion is GRANTED, as follows: I. Plaintiffs Motion for Default Judgment against Defendant PBT FINANCIAL LLC d/b/a PHOTO BIOTECH ("PBT") is hereby GRANTED; 2. The Court finds that BTL Industries, Inc. ("BTL") is entitled to an award of $ I 00,000 in statutory damages based on PBT’s use of a counterfeit mark in accordance with 15 U.S.C. § l l l 7(c); 3. Default Judgment is entered in favor of BTL and against PBT finding that PBT directly and indirectly infringed U.S. Patent No. 10,478,634 (the "Asserted Patent"), and that such infringement was willful; Case 1:24-cv-00865-CFC Document 26 Filed 04/11/25 Page 1 of 4 PageID #: 271 4. PBT and its officers, agents, servants, employees, attorneys, and those persons acting in concert with PBT are pennanently enjoined from infringing the Asserted Patent including by using, making, selling, offering to sell, or importing devices that infringe the Asserted Patent. 5. Defendant PBT’s conduct complained ofin this action supports this Court’s finding that Defendant’s conduct was knowing, willful, and intentional. 6. Default Judgment is entered in favor of BTL and against PBT finding that PBT’s use of the BTL Trademarks I and confusingly similar variations thereof, including EMTONE®, EMSCULPT®, EMSCULPT NEO®, EM®, and HIFEM®, has infringed the BTL Trademarks and is a violation of the Lanham Act, the Delaware Deceptive Trade Practices Act, and Delaware Common Law. 7. Default Judgment is entered in favor ofBTL and against 8. Defendant PBT is hereby permanently enjoined from: a. Using in any manner the BTL Trademarks or any marks, names, trade dress, designs, symbols, or devices that are identical, substantially indistinguishable from, or confusingly similar to any of the BTL Trademarks, on or in connection with body-contouring devices; b. Passing off, falsely advertising, inducing, or enabling others to sell or pass off any products as products produced by BTL, which are not in fact BTL’s products, or which are materially different from BTL’ s products authorized to be sold in the United States, or otherwise not produced under the control and 1 I.e., the trademarks associated with the EMSCULPT, EMSCULPT NEO, and EMTONE devices, including the federally registered EMTONE®, EMSCULPT®, EMSCULPT NEO®, EM®, and HIFEM® trademarks (hereafter, the "BTL Trademarks"). 2 Case 1:24-cv-00865-CFC Document 26 Filed 04/11/25 Page 2 of 4 PageID #: 272 supervision of BTL and/or approved by BTL for advertising and sale under the BTL Trademarks; c. Committing acts calculated to cause consumers to believe that PBT’ s products are sold under the control or supervision of BTL, or that they are sponsored or approved by, connected with, guaranteed by, or produced under the control and supervision of BTL when they are not; d. Shipping, delivering, transferring, or otherwise disposing of, in any manner, products, or inventory which consists of non-genuine or materially different products bearing the BTL Trademarks or any mark confusingly similar thereto; e. Otherwise unfairly competing with BTL in any manner; and f. Aiding, assisting, or abetting any other person or business entity engaging in or performing any of the activities referred to in subparagraphs 4(a)-(e) above. 9. Defendant PBT is hereby ordered to: a. Withdraw and retract from the marketplace in the United States all products, product packing and displays, advertisements, commercials, and other materials in connection with body-contouring devices, regardless of where those materials are situated in the distribution chain (including, without limitation, affiliates, related companies, agents, retailers), that consist of, bear, or display the BTL Trademarks, and/or any marks, names, trade dress, and designs that are confusingly similar to or likely to dilute or tarnish the BTL Trademarks (including, without limitation, Defendant’s non-genuine and materially different body-contouring products bearing any of the BTL Trademarks); 3 Case 1:24-cv-00865-CFC Document 26 Filed 04/11/25 Page 3 of 4 PageID #: 273 b. Destroy all products and materials that consist of, bear, or display the BTL Trademarks on body-contouring devices or any other unauthorized uses of the BTL Trademarks, or any marks, names, trade dress, and designs that are confusingly similar to or likely to dilute or tarnish such marks, in accordance with 15 U.S.C. § 111 8 and other applicable laws; c. Withdraw, retract, and/or destroy as applicable all advertisements (including within online marketplaces such as Defendant’s websites https://photobiotech.com and https://freedom-plus.com/), commercials, and other materials containing: ( 1) any of the false or misleading statements complained of herein; and (2) any fa lse, misleading, or deceptive statements regarding BTL, BTL’s products, or Defendant’s products bearing any of the BTL Trademarks. 10. GoDaddy.com, LLC, shall immediately place the <photobiotech.com> domain name registration on hold and lock, and shall immediately remove all existing Domain Name Service (DNS) entries and corresponding addresses, and enter the Registrar’s own default Domain Name Service and address entries in their place to prevent any further irreparable injury to Plaintiff. 11. Cloudflare London, LLC, shall immediately take down the <photobiotech.com> website and prevent it from being displayed on the Internet to prevent any further irreparable inju1y to the Plaintiff; and Pursuant to Fed. R. Civ. P. 62(a), execution of this final judgment shall not be stayed.”