RCRV, Inc. v. Rule 21, Inc. et al

Filing 26

JUDGMENT AND PERMANENT INJUNCTION by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED that defendant HNW Industries, Inc. dba Flyp Sportswear ("Flyp") and its affiliates, etc shall be PERMANENTLY ENJOINED and RESTRAINED from the date of thi s Consent Judgment and Permanent Injunction. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Consent Judgment and Permanent Injunction by way of contempt motion or otherwise, and is enforceable again st the Parties' affiliates, subsidiaries, parents, related companies, successors and assigns to the extent permitted by law. The parties waive any right to appeal this Consent Judgment and Permanent Injunction. The parties shall each bear their own costs and attorneys' fees related to this action. (See attached document for details.) (lom)

5

SUZANNE V. WILSON (State Bar No. 152399)
[e-mail]
JACOB K. POORMAN (State Bar No. 262261)
[e-mail]
ARNOLD & PORTER LLP th
777 South Figueroa Street, 44 Floor
Los Angeles, California 90017-5844
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for plaintiff RCRV, Inc. d/b/a Rock Revival

1
2
3
4

7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

)
)
)
)
Plaintiffs,
)
v.
)
)
)
RUE21, INC., and HNW
)
INDUSTRIES, INC. d/b/a FLYP
)
SPORTSWEAR
)
)
Defendants.
)
)
RUE21, INC.,
)
)
Counterclaimant,
)
)
v.
)
)
RCRV, INC.,
)
)
Counterdefendant.
)
)
)
RUE21, INC.,
)
)
Crossclaimant,
)
v.
)
HNW INDUSTRIES, INC. d/b/a FLYP )
)
SPORTSWEAR
)
)
Crossdefendant.
)
RCRV, INC. d/b/a ROCK REVIVAL,
a California corporation,

Case No. CV-11-1217 CBM (AGRx)
JUDGMENT AND PERMANENT
INJUNCTION

1

Whereas, plaintiff RCRV, Inc., d/b/a Rock Revival (“RCRV”) and defendant

2

HNW Industries, Inc. d/b/a Flyp Sportswear (“Flyp”) have stipulated to the entry of

3

judgment and a permanent injunction, as set forth in their concurrently filed

4

Stipulation for Entry of Consent Judgment and Permanent Injunction.

5

The Court having reviewed and considered the parties’ Stipulation, which is

6

incorporated herein in full, finds that it has jurisdiction over the subject matter of this

7

action and over the Parties, and venue in this action being proper in this judicial

8

district, and for reasons set forth in the parties’ Stipulation, upon good cause shown,

9

the Court grants the parties’ Stipulation.

10

Whereas, RCRV is the owner of federal and/or common law trademarks for

11

certain designs it uses on and in connection with its Rock Revival line of jeanswear

12

products, including an Inverted Fleur-de-lis Design embroidered onto the rear pocket

13

of Rock Revival jeanswear (the “INVERTED FLEUR-DE-LIS DESIGN Trademark”

14

– U.S. Trademark Registration No. 3,581,968), a copy of the registration certificate

15

for the INVERTED FLEUR-DE-LIS DESIGN Trademark being attached to this

16

Order as Exhibit A; and

17

Whereas, Flyp has designed, advertised, promoted, purchased, offered for sale

18

and/or sold certain jeanswear products bearing a design (the “Accused Design”) that

19

RCRV alleges infringes its rights in and to the INVERTED FLEUR-DE-LIS

20

DESIGN Trademark (the “Accused Products”), photographs of the Accused Products

21

being attached to this Order as Exhibit B, and has sold such products to defendant

22

rue21, Inc.;

23

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

24

1.

Defendant Flyp and its affiliates, divisions, parents, subsidiaries and

25

related companies, as well as its agents, officers, directors, shareholders, principals,

26

servants, employees, attorneys and all natural or legal persons acting on their behalf,

27

or in concert with any of them, shall be PERMANENTLY ENJOINED and

28

RESTRAINED from the date of this Consent Judgment and Permanent Injunction

-2-

1

from attempting to do or causing to be done, directly or indirectly, by any means,

2

method, or device whatsoever, or by any person or persons whomsoever, the

3

following acts:

4

(a)

designing, manufacturing, importing, exporting, distributing,

5

advertising, purchasing, offering for sale, selling, promoting, or marketing of any of

6

the Accused Products; and
(b)

7

designing, manufacturing, importing, exporting, distributing,

8

advertising, purchasing, offering for sale, selling, promoting, or marketing of any

9

jeanswear products that contain the Accused Design; and
(c)

10

designing, manufacturing, importing, exporting, distributing,

11

advertising, purchasing, offering for sale, selling, promoting, or marketing of any

12

jeanswear products that contain any design or combination of design elements that is

13

confusingly similar to RCRV’s INVERTED FLEUR-DE-LIS DESIGN Trademark.

14

2.

The Court retains jurisdiction of this action for the purpose of enforcing

15

the provisions of this Consent Judgment and Permanent Injunction by way of

16

contempt motion or otherwise, and is enforceable against the Parties’ affiliates,

17

subsidiaries, parents, related companies, successors and assigns to the extent

18

permitted by law.

19
20
21

3.

The parties waive any right to appeal this Consent Judgment and

Permanent Injunction.
4.

The parties shall each bear their own costs and attorneys’ fees related to

22

this action.

23

Dated:June 09, 2011

24
25

_______________________________________
CONSUELO B. MARSHALL
United States District Judge

26
27
28

-3-