Guru Denim, Inc. v. WWW.XSCOLLECTION.COM et al

Filing 22

PERMANENT INJUNCTION PURSUANT TO STIPULATION 21 by Judge A. Howard Matz. GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Permanent Injunction shall be and is hereby entered in the within action (see attached Permanent Injunction for furt her information). Defendants are hereby restrained and enjointed. This Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court. The Court finds there is no just reason for delay in entering this Injunc tion and, pursuant to Rule 54(a) of the FRCP, the Court directs immediate entry of this Injunction against Defendants. The Court shall Dismiss the action with prejudice as to Defendants with each party bearing its own costs and attorneys' fees i ncurred to date. This Court shall retain jurisdiction over the Defendants for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof, and for the possible entry of a further Judgment Pursuant to Stipulation in this action. (MD JS-6. Case Terminated). (jp)

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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] Email: [e-mail] Attorneys for Plaintiff GURU DENIM, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA GURU DENIM, INC., A California Corporation, Plaintiff, vs. WWW.XSCOLLECTION.COM, a Florida Business Entity of Unknown Status, et al., , Defendants.

JS-6

Case No.: CV09-0961 AHM (RCx) PERMANENT INJUNCTION PURSUANT TO STIPULATION

The Court, having read and considered the Stipulation for Permanent Injunction that has been executed by Plaintiff GURU DENIM, INC. ("Plaintiff") and Defendants BENJAMIN PINNTIO, YUAN YI, and CARTER TSE ("Defendants") in this action: GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Permanent Injunction shall be and is hereby entered in the within action as
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follows: 1. This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to pursuant to the provisions of the Lanham Act, 15 U.S.C. § 1051, et seq., as well as 28 U.S.C. § 1338(a) and 28 U.S.C. § 1331. 2. 3. Service of process was properly made on the Defendants. Plaintiff owns or controls the pertinent rights in and to the following

intellectual properties (hereinafter the "Intellectual Property"): Intellectual Property: True Religion Stitching Pattern (Trademarks) Registration No.: 3607799 3482001 3561466 3561465 3147244 "True Religion Brand Jeans World Tour Fashion for the Senses Section Row Seat" (Trademark) "True Religion Brand Jeans" (Trademarks) 3120798 3490283 3120797 3282490 2761793 July 25, 2006 August 19, 2008 July 25, 2006 August 21, 2007 September 9, 2003 2917187 Registration Date: April 14, 2009 August 5, 2008 January 13, 2009 January 13, 2009 September 26, 2006 January 11, 2005

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"True Religion" (Trademarks)

3628973 3162615 3162614

May 26, 2009 October 24, 2006 October 24, 2006 January 27, 2009 January 20, 2009 January 20, 2009 January 20, 2009 January 13, 2009 January 13, 2009 March 18, 2008 April 13, 2005

"U" (Trademarks)

3568127 3565332 3565180 3565138 3561710 3561705 3397067

True religion brand jeans label TRUE RELIGION BRAND JEANS XXX LABEL truereligionbrandjeans.com website (Copyrights) "Stitch pattern applied to pants" (Patent)

VA0001301845

VAu000969599

May 21, 2008

TX0006236806

June 1, 2005

D547530

July 31, 2007

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4. thereof. 5.

Plaintiff alleges that Defendants have made unauthorized uses of the

Intellectual Property or substantially similar likenesses or colorable imitations Defendants are hereby restrained and enjoined, pursuant to 15 U.S.C.

§ 1116, from selling any and all products embodying the Intellectual Property in any manner, including generally, but not limited to, manufacture, importation, distribution, shipping, advertising, selling and/or offering for sale any counterfeit products using, bearing or embodying any of the Intellectual Property or any objects, marks, products confusingly similar to the Intellectual Property ("Unauthorized Products"), and specifically: i) Importing, manufacturing, distributing, advertising, selling and/or offering for sale any unauthorized products which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of the Unauthorized Products; ii) Importing, manufacturing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of the Intellectual Property; iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the Unauthorized Products sold by Defendant, or Defendant itself is connected with Plaintiff, is sponsored, endorsed, approved or licensed by Plaintiff, or is affiliated with Plaintiff; iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or
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representation, including words or other symbols, tending to falsely describe or represent such Unauthorized Products as being those of Plaintiff. 6. Defendant is ordered to deliver immediately for destruction all Unauthorized Products, including True Religion Brand JeansŪ and related products, labels, signs, prints, packages, wrappers, receptacles and advertisements relating thereto in their possession or under their control bearing any of the Intellectual Property or any simulation, reproduction, counterfeit, copy or colorable imitations thereof, and all plates, molds, heat transfers, screens, matrices and other means of making the same, to the extent that any of these items are in Defendants' possession. 7. 8. This Injunction shall be deemed to have been served upon Defendants The Court finds there is no just reason for delay in entering this at the time of its execution by the Court. Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendants. 9. 10. The Court shall Dismiss the action with prejudice as to Defendants The Court shall retain jurisdiction of this action to entertain such with each party bearing its own costs and attorneys' fees incurred to date. further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction. /// /// ///

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11.

This Court shall retain jurisdiction over the Defendants for the

purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof, and for the possible entry of a further Judgment Pursuant to Stipulation in this action. IT IS SO ORDERED. Date: October 26, 2009

JS-6

_______________________________ HON. A. HOWARD MATZ United States District Judge

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