Gianni Versace v. Monir M Awada, et al

Filing 1638

JUDGMENT RE DEFENDANTS: Monir M. Awada and Tres Hermanos, Inc., by Judge Gary A. Feess. Judgment is rendered in favor of VERSACE and against Defendants, as to Count V-trademark Infringement and Counterfeiting (15 U.S.C. 1114A(1)); Count VI-False Designation of Origin (15 U.S.C.1125(a)); and Count VII-Trademark Dilution (U.S.C.1125(c)) in the sum of $20,000,000 as to the willful violations related to the Group B goods. Judgment is rendered in favor of VERSACE and against Defendants, as to Count V-Trademark Infringement and Counterfeiting (15 U.S.C.1114(1)); in the sum of $390,000 as to the violations related to the Group A goods. (MD JS-6, Case Terminated). (bp) (Additional attachment(s) added on 8/1/2012: #1 abstract of judgment) (bp). (Additional attachment(s) added on 8/9/2012: #2 abstract of judgment) (bp). (Additional attachment(s) added on 8/17/2012: #3 G-97) (bp). (Additional attachment(s) added on 10/25/2012: #4 abstract) (bp).

JS-6
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BRUCE C. GRIDLEY (SBN 057166
Member of the Firm
KANE, BALLMER & BERKMAN
515 So. Figueroa Street – Suite 1850
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants, MONIR M. AWADA
and TRES HERMANOS, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA,

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WESTERN DIVISION

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GIANNI VERSACE, S.p.A. a Foreign
Corporation

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Case No. CV 03-3254 GAF (RNBx)
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JUDGMENT RE DEFENDANTS:
_
Plaintiff,
_ MONIR M. AWADA
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_ TRES HERMANOS, INC.
2.
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vs.
_
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MONIR M. AWADA, et al.,
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MOHAMED BDAIR, an Individual AlI
_
CHAHINE, an Individual GINNO CHAHINE
_
an Individual; MOHAMAD N. CHAHINE, an_
Individual;
NADER
CHAHINE,
an_
Individual' MOUSSA DAANA, an Individual;_
AKIL EL REDA, an individual; ALI_
KHALIL ELREDA, an Individual, FIRAS_
MOHAMMAD FAKIH, an Individual; ALI_
YOUSSEF
FARHAT,
an
Individual;_
HASSAN MOHAMAD FARHAT, an_
Individual; MOHAMAD ALI FARHAT, an_
Individual YOUSSEF M. FARHAT, an._
Individual; ALI ADNAN GHACHAM, an_
Individual; BASSAM ADNAN GHACHAM,_
an
Individual;
TAGRID
ADNAN_
GHACHAM, an Individual; ALI DAOUD_
GHACHAM, an Individual; HUSSEIN_
_
DAOUD GHACHAM, an Individual;
_
MOHAMED GHACHAM, an Individual;_
OSSAMA
DAOUD
GHACHAM,
an_
Individual;

RAMONA

GONZALEZ,

an

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JUDGMENT RE DEFENDANTS

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Individual; MAHMOUD H. HARB, an_
INDIVIDUAL; MAHA ASSAAD JOMAA, _
an Individual; MOUSSA MATAR an
Individual; HUSSEIN MOURAD, an
Individual; SAMIR MOURAD an Individual;
YAMEL MOURAD, an Individual; YOUNG
JIN PARK, an Individual; ABDEL NABI
SAAB, an Individual; ALEX SAAB, an
Individual; ALI HUSSEIN SAAB, an
Individual; ALI NAIM SAAB, an Individual;
ELSA SAAB, an Individual; HASSAN
SAAB, an Individual; HUSSEIN YOUSSEF
SAAB, an Individual; AHMAD M. SAAB, an
Individual; TASHIN SAAB, an Individual;
YOUSEF SAAB, an Individual; AHMED
KHALIL SALEH, an Individual; HUSSEIN
KHALIL
SALEH,
an
Individual;
MAHMOUD
KHALIL
SALEH,
an
Individual; ABBAS SALEH SALEH, an
Individual; ALI SALEH
SALEH, an
Individual; HASSAN SALEH SALEH, an
Individual; HUSSEIN SALEH SALEH, an
Individual; NAJIBE SALEH SALEH, an
Individual; ABBAS MAHMOUD SALEH, an
Individual; ALI SLEIMAN SALEH, an
Individual; HUSSEIN ALI SALEH, an
Individual; MIRIAM S. SALEH, an
Individual; MUSTAPHA ALI SALEH, an
Individual; AHMAD SALIM, an Individual;
IKHLAS SALIM, an Individual; ANA
MARIA SANDOVAL, an Individual; JOSE
G. SANDOVAL, an Individual; ALI M.
TEHFI, an Individual; KHALED TEHFE, an
Individual; NAZIH TEHFE, an Individual;
AMA CASUALS, INC., a California
Corporation; AWADA BROS., INC., a
California
Corporation;
AWADA
BROTHERS, INC., a California Corporation;
THE BRAND NAME CONNECTION, INC.,
a California Corporation; CENSO UNICO.,
INC., a California Corporation; DENIM
PALACE, INC., a California Corporation;
GHACHAM, INC., a California Corporation;
HIP HOP CONNECTIONS, INC., a
California Corporation; JAVINCCI, LLC., a
California Limited Liability Corporation; LA
BRAND NAME, INC., a California
Corporation; LIMITED CLOTHING, INC., a
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JUDGMENT RE DEFENDANTS

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California Corporation; LOS HERMANOS,
INC., a California Corporation; MAS
SPORTSWEAR,
INC.,
a
California
Corporation; MGM TRADING, INC., a
California
Corporation;
MIRAGE
CONNECTION,
INC.,
a
California
Corporation; NUEVA TIENDA, INC., a
California
Corporation
dba
NUEVA
TIENDA; SAAB & SONS CLOTHING,
INC., a California Corporation; SAAB
GROUP, INC., a California Corporation;
SPORT JEANS, INC., a California
Corporation; TRES HERMANOS INC., a
California Corporation; and UNESCO
JEANS, INC., a California Corporation aka
UNESCO, INC., and DOE 10, unknown
business entity, Inclusive,
Defendants.
_____________________________________

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WHEREAS, on September 4, 2009, as to Group B goods, the Court granted summary

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judgment in favor of Gianni Versace S.p.A (“VERSACE”) and against defendants MONIR M.

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AWADA, an individual,

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(“Defendants”) as to liability of Defendants for willful trademark infringement and

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counterfeiting, false designation of origin and unfair competition as to the Registered Marks as

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follows:

and TRES HERMANOS, INC., a California corporation,

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1,725,686

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1,891,546

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1,875,093

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2,078,918

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2,121,984

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2,387,508

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2,078,918

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2,121,984

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2,426,052

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JUDGMENT RE DEFENDANTS

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(Docket No. 1503) (Attached as Exhibit 1 and Docket No.1506 attached as Exhibit 2)

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WHEREAS, on May 5, 2010, following jury trial on the question of damages, the jury

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verdict awarded in favor of VERSACE and against Defendants statutory damages of

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$20,000,000 as to Group B goods pursuant to 15 U.S.C. § 1117(c) (Docket No. 1547).

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(Attached as Exhibit 3)

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WHEREAS, on March 2, 2011, as to Group A goods, the Court found for VERSACE

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and against Defendants as to liability for trademark infringement as to Registered Marks as

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follows:

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1,541,272

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1,641,270

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1,725,686

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1,875,093

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2,121,984

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2,078,918

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(Docket No. 1624) (attached as Exhibit 4)

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WHEREAS, on March 2, 2011 the Court awarded to VERSACE and against

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Defendants statutory damages of $390,000 as to Group A goods pursuant to 15 U.S.C. §

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1117(c) (Docket 1624).

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WHEREAS, on March 2, 2011 the Court ruled that the Judgment shall include
injunctive relief in favor of VERSACE and against Defendants (Docket 1624).

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IT IS ORDERED, ADJUDGED AND DECREED as follows:

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1.

Defendants willfully violated Federal Lanham Act as alleged in Count V –

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Trademark Infringement and Counterfeiting (15 U.S.C. § 1114(1)); Count VI – False

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Designation of Origin (15 U.S.C. § 1125(a)); Count VII - Trademark Dilution (15 U.S.C. §

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1125(c) and Count IX-State Unfair Competition (Cal. Bus. & Prof. Code § 17200) as to Group

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B goods.

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JUDGMENT RE DEFENDANTS

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2.

Defendants violated Federal Lanham Act as alleged in Count V – Trademark

Infringement and Counterfeiting (15 U.S.C. § 1114(1)) as to Group A goods.
3.

Defendants and their subsidiaries, related entities, divisions, officers, owners,

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shareholders, employees, affiliates, servants, representatives, agents, predecessors, assigns and

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successors in interest of any kind, and all persons, firms, entities, or corporations under their

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direction and control or in active concert or participation with them, are immediately and

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permanently enjoined throughout the world from directly or indirectly infringing,

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counterfeiting, or diluting the VERSACE Trademarks (“Versace trademarks”), which include,

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but are not limited to, the following:

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1,541,272

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1,641,270

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1,725,686

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1,875,093

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1,891,546

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2,078,918

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2,381,984

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2,387,508

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2,121,984

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2,426,052

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on Registry with the United States Patent & Trademark Office, in any manner, including

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generally, but not limited to manufacturing, importing, distributing, advertising, selling, and/or

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offering for sale of any merchandise which infringes said trademarks and specifically from:

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(a)

Imitating, copying or making unauthorized use of any or all of the

VERSACE trademarks;
(b)

Importing, manufacturing, producing, possessing, distributing, circulating,

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advertising, promoting, displaying, selling, and/or offering for sale, any non-genuine product

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bearing any simulation, reproduction, counterfeit, copy, or colorable imitation or reproduces, or

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utilizes the likenesses of or which copy or are likely to cause consumer confusion with any of
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JUDGMENT RE DEFENDANTS

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the VERSACE trademarks or confusingly similar mark or trade name;

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(c)

Manufacturing, distributing, selling or offering for sale or in connection

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thereto any unauthorized promotional materials, labels, packaging or containers which picture,

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reproduce or utilize the likenesses of, or which are likely to cause consumer confusion with any

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of the VERSACE trademarks;

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(d)

Using any false designation of origin, false description, including words,

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symbols, trademark or trade name tending to falsely describe or represent, or is likely to

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confuse, mislead, or deceive purchasers, Defendants’ customers, or members of the public, that

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unauthorized merchandise manufactured, distributed, advertised, sold and/or offered for sale by

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Defendants originate from VERSACE, or that said merchandise has been sponsored,

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authorized, endorsed, approved, licensed by, associated, or is in any way connected or

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affiliated with VERSACE;

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(e)

Transferring, consigning, selling, shipping or otherwise moving any non-

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genuine VERSACE goods, packaging or other materials in Defendants’ possession, custody or

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control bearing a design, or mark substantially identical to or confusingly similar with or any or

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all of the VERSACE trademarks or trade dress;

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(f)

VERSACE’s goodwill, reputation and business;

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Diluting and infringing the VERSACE trademarks and damaging

(g)

Otherwise unfairly competing with VERSACE, or its subsidiaries or

affiliated companies;

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(h)

Passing off or selling any products which are entirely genuine VERSACE

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products as and for VERSACE products, including products utilizing VERSACE labels,

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packaging or containers that have been in any way modified without the written permission of

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VERSACE;

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(i)

Applying to the United States Patent & Trademark Office for the

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registration of any trademark that is a colorable imitation of any or all of the VERSACE

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trademarks, or confusingly similar mark or trade name;

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(j)

Using the VERSACE trademarks or any such reproduction, counterfeit,
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JUDGMENT RE DEFENDANTS

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copy, or colorable imitation in connection with the manufacture, importation, distribution,

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advertising, publicity, sale and/or offering for sale, of any other merchandise not referred to

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above; and

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(k)

Instructing, assisting, inducing, aiding or abetting any other person or

business entity in engaging in or performing any of the activities referred to above.
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The jurisdiction of this Court is retained for the purpose of making any further

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orders necessary or proper for the construction or modification of the Judgment, the

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enforcement thereof and the punishment of any violations thereof.

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Judgment is rendered in favor of VERSACE and against Defendants, as to Count

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V – Trademark Infringement and Counterfeiting (15 U.S.C. § 1114(1)); Count VI – False

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Designation of Origin (15 U.S.C. § 1125(a)); and Count VII - Trademark Dilution (15 U.S.C.

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§ 1125(c)) in the sum of $20,000,000 as to the willful violations related to the Group B goods.

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Judgment is rendered in favor of VERSACE and against Defendants, as to Count

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V – Trademark Infringement and Counterfeiting (15 U.S.C. § 1114(1)); in the sum of $390,000

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as to the violations related to the Group A goods.

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All other claims and causes of action as between VERSACE and MONIR M.

AWADA and TRES HERMANOS, INC., are dismissed with prejudice.
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All counterfeit and infringing VERSACE products currently in the possession,

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custody or control of Defendants, their parents, subsidiaries, related entities, divisions, officers,

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owners, shareholders, employees, affiliates, servants, representatives, agents, predecessors,

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assigns and successors in interest of any kind, and all persons, firms, entities, or corporations

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under their direction and control or in active concert or participation with them, shall be turned

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over to counsel for Plaintiff within ten (10) business days of this Order and destroyed under the

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direction of VERSACE.

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JUDGMENT RE DEFENDANTS

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All counterfeit and infringing VERSACE products seized in this action by

VERSACE from Defendants shall be destroyed under the direction of VERSACE.

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IT IS SO ORDERED

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DATED: August 29, 2011

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Hon. Gary A. Feess
UNITED STATES DISTRICT JUDGE

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JUDGMENT RE DEFENDANTS