Guru Denim, Inc. v. Dress to Impress et al

Filing 26

CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of plaintiff Guru Denim, Inc. against defendants Dress to Impress, Gevorg Terteryan erroneously sued as Gevorg Tereryan jointly and severally in the principal amount of $4,000.00, pyalbe no later than 12/1/08. Except as set forth in any separate written agreement between the parties, each party shall bear its own costs, expenses, disbursements and attorneys fees incurred to date by Judge George H. King (lc)

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JOHNSON & PHAM, LLP

Christopher D. Johnson, SBN: 222698 Christopher Q. Pham, SBN: 206697 JOHNSON & PHAM, LLP 6355 Topanga Canyon Boulevard, Suite 115 Woodland Hills, California 91367 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff GURU DENIM, INC. Aris Artounians, SBN: 170467 Aris Artounians, Attorney at Law 1027 South Central Avenue, Suite 202 Glendale, California 91202 Telephone: [phone] Facsimile: [phone]

E-Filed: 12/9/08 No-JS6

Attorney for Defendants DRESS TO IMPRESS and GEVORG TERTERYAN, erroneously sued as GEVORG TERERYAN IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA GURU DENIM, INC., a California Corporation, Plaintiff, v. Case No.: 08-CV-04174 GHK (RZx) [PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION

DRESS TO IMPRESS, a Business Entity Incorporated in California, NOTE: CHANGES MADE BY THE COURT GEVORG TERERYAN, an individual, MAXINE PARIS, INC., a Business Entity Incorporated in California, XIU WEI LIN, an individual, JULIEN UI WANG, an
1 [PROPOSED] ORDER AND PERMANENT INJUNCTION

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JOHNSON & PHAM, LLP

Individual, and Does 1-10, Inclusive,

Defendants.

Plaintiff GURU DENIM, INC. and Defendants DRESS TO IMPRESS and GEVORG TERTERYAN, erroneously sued as GEVORG TERERYAN, having consented to entry of this Consent Judgment and Permanent Injunction, it is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is hereby entered in favor of Plaintiff and against Defendants on Plaintiff's First Claim for Federal Trademark Infringement [15 U.S.C. §1114/Lanham Act §43(a)]; on Plaintiff's Second Claim for Federal Copyright Infringement [17 U.S.C. §501(a)]; on Plaintiff's Third Claim for False Designation of Origin [15 U.S.C. §1125(a)]; on Plaintiff's Fourth Claim for Trademark Dilution [15 U.S.C. §1125(c); California Business & Professions Code §14330]; on Plaintiff's Fifth Claim for Common Law Copyright Infringement [California Civil Code §980]; on Plaintiff's Sixth Claim for Unfair Business Practices [California Business & Professions Code §17200]; and on Plaintiff's Seventh Claim for Unjust Enrichment. STIPULATED FACTS Plaintiff and Defendants, as well as their agents, servants, employees, attorneys, successors and assigns, and all those persons in active concert or participation with them hereby stipulate to the following facts as true and correct as to them only: (a) Plaintiff owns a registered United States trademark for the "True Religion Brand Jeans World Tour Fashion for the Senses Section Row Seat" label

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JOHNSON & PHAM, LLP

and corresponding artwork under U.S. Reg. No. 2,917,187, registered January 11, 2005. (b). Plaintiff owns registered United States trademarks in the pocket stitching pattern that appears on True Religion Brand Jeans pants and the overall stitching pattern on the front of True Religion Brand Jeans pants under U.S. Reg. No. 3,147,244, registered September 16, 2006, and under U.S. Reg. No. 3,219,110, registered March 13, 2007. (c). Plaintiff owns 4 registered United States trademarks in the word mark "True Religion Brand Jeans," (hereinafter, "the Mark) with assorted designs, characters and artwork (hereinafter, "the Designs") under the following registration numbers: U.S. Reg. No. 2,761,793, registered September 9, 2003; U.S. Reg. No. 3,120,797, registered July 25, 2006; U.S. Reg. No. 3,120,798, registered July 25, 2006; U.S. Reg. No. 3,282,490, registered August 21, 2007. (d). Plaintiff owns registered United States trademarks in the word mark "True Religion," under U.S. Reg. No. 3,162,615, registered October 24, 2006; and under U.S. Reg. No. 3,162,614, registered October 24, 2006. (e). Plaintiff owns two United States Copyrights for the True Religion Brand Jeans Designs under Certificate of Registration number VA 1-192-834, effective date of February 6, 2003, and Certificate of Registration number VA 1301-845, effective date of April 13, 2005. (f). Plaintiff owns an additional United States Copyright in the "truereligionbrandjeans.com" website under Certificate of Registration number TX 6-236-806, effective date of June 1, 2005. (g). Plaintiff owns a United States Design Patent for the stitch pattern applied to True Religion Brand Jeans pants under United States Patent No. D547530, issued July 31, 2007.

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(h).

Plaintiff also owns registered trademarks in the True Religion Brand

Jeans Mark and Designs in the following foreign countries or territories: Canada, United Kingdom, European Union, Germany, Australia, Japan, Korea, Mexico, Colombia, Hong Kong, Korea, Norway, Russia, South Africa and Paraguay. (i). copyrights. PERMANENT INJUNCTION Defendants, as well as their agents, servants, employees, attorneys, successors and assigns, and all those persons in active concert or participation with them who receives actual notice of this injunction hereby are permanently enjoined from engaging in, committing, or performing, directly or indirectly, all of the following acts: a. using in any manner in connection with Defendants' business or in connection with any other advertising, promotions, solicitations or use for such business, services, or goods bearing the trademarks, trade names, and the copyrights of Plaintiff; b. c. performing or allowing any act or thing which is likely to injure engaging in federal or state copyright and trademark infringement, false Plaintiff's business reputation or good will; designation of origin, unfair competition, and dilution by tarnishment, which would damage or injure Plaintiff; and d. using the Internet, world wide web, or any other domain name to advertise, promote, or sell items bearing the trademarks, trade names, and the copyrights of Plaintiff, or any confusingly similar mark such as the names, marks, and/or trade dress relating to the trademarks, trade names, and the copyrights of Plaintiff or any colorable imitations thereof.
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Defendants sold alleged counterfeit True Religion Brand Jeans denim

pants in the stream of commerce, which infringed on Plaintiff's trademarks and

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JOHNSON & PHAM, LLP

MONETARY JUDGMENT Defendants shall be jointly and severally liable to Plaintiffs for the monetary judgment of Four Thousand Hundred Dollars ($4,000.00), which shall be payable, in certified funds, and delivered to "Johnson & Pham, LLP" by no later than December 1, 2008. Except as set forth in any separate written agreement between the parties, each party shall bear its own costs, expenses, disbursements and attorneys' fees incurred to date. The Central District of California shall reserve and retain jurisdiction as to any and all disputes arising out of this Consent Judgment and Permanent Injunction by and between Plaintiffs and Defendant. IT IS SO ORDERED, ADJUDGED AND DECREED.

Dated:

12/8

, 2008

By: Hon. George H. King, Judge of the United States District Court for the Central District of California

DEFENDANTS' AGREEMENT AND CONSENT TO JUDGMENT:

Dated: _____________, 2008

By: GEVORG TERTERYAN, as an individual and on behalf of DRESS TO IMPRESS
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[PROPOSED] ORDER AND PERMANENT INJUNCTION

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JOHNSON & PHAM, LLP

AGREED AND STIPULATED AS TO FORM ONLY:

Dated: _____________, 2008

JOHNSON & PHAM, LLP By: ________________________ CHRISTOPHER Q. PHAM, ESQ. Attorney for Plaintiff GURU DENIM, INC.

Dated: _____________, 2008

ARIS ARTOUNIANS, ATTORNEY AT LAW By: ________________________ ARIS ARTOUNIANS, ESQ. Attorney for Defendants DRESS TO IMPRESS and GEVORG TERTERYAN

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