CAbi, LLC v. Bertha Martine et al
Filing
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PERMANENT INJUNCTION and FINAL JUDGMENT on Consent as to Defendants Bertha Martine and Silas Martine by Judge Consuelo B. Marshall. Bertha Martine and Silas Martine terminated. (jl)
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALLIFORNIA
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CAbi, LLC., a California Limited
Liability Company,
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Plaintiff,
v.
BERTHA MARTINE, AKA BERTHA
M. MARTINE, AKA BERTHA
MARINE, AKA BERTHA GOMEZ,
AKA BERTHA MARIA GOMEZ, an
individual; SILAS MARTINE, AKA
SILAS MARINE, an individual;
eBAY, INC., a Delaware corporation;
THE CABI CLOSET, entity unknown;
SMMBMM, entity unknown; SJB
FASHIONS, entity unknown; and
DOES 1-10,
Case No. CV11-8529 CBM (SSx)
PERMANENT INJUNCTION AND
FINAL JUDGMENT ON CONSENT
AS TO DEFENDANTS BERTHA
MARTINE AND SILAS MARTINE
Judge: Hon. Consuelo B. Marshall
Defendants.
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Plaintiff CAbi, LLC (“Plaintiff” or “CAbi”) commenced this action for an
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injunction and other relief against, inter alia, Defendants BERTHA MARTINE, AKA
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BERTHA M. MARTINE, AKA BERTHA MARINE, AKA BERTHA GOMEZ, AKA
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BERTHA MARIA GOMEZ, an individual; SILAS MARTINE, AKA SILAS
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MARINE, an individual; THE CABI CLOSET, entity unknown and believed to be an
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alias of Defendant Bertha Martine; SMMBMM, entity unknown and believed to be an
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PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT
CASE NO. CV11-8529 CBM (SSX)
PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX
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alias of Defendant Bertha Martine; and SJB FASHIONS, also believed to be an alias
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of Defendant Bertha Martine (collectively, the “Martines” or “Settling Defendants”)
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pursuant to the Lanham Act, 15 U.S.C. §1051, et seq., as amended by the Trademark
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Counterfeiting Act of 1984, the Copyright Act, 17 U.S.C. §101, et seq. and under the
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laws of the State of California. In its Complaint, Plaintiff alleges that the Settling
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Defendants, without CAbi’s authorization or permission, have knowingly and
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willfully used, reproduced and/or copied, and infringed the CAbi Marks and CAbi
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Designs (as those terms are defined below) by distributing, offering to sell and re-
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selling in interstate commerce clothing, accessories and related products bearing the
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CAbi Marks and counterfeit CAbi Marks (“Unauthorized Products”).
The term “CAbi Marks” as used herein means all of the following:
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TRADEMARK
REG./SER. NO.
REG./FILING DATE
CLASS
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CABI and Design
3226900
Apr. 10, 2007
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CAbi
3192305
Jan. 2, 2007
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CABI
3192304
Jan. 2, 2007
25, 35
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CAROL ANDERSON
BY INVITATION
CAROL ANDERSON
BY INVITATION
CABI CANARY
3133821
Aug. 22, 2006
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3495335
Sept. 2, 2008
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3705314
Nov. 3, 2009
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HEART OF CABI
FOUNDATION
SCOOP
3527127
Nov. 4, 2008
36, 45
2965045
July 5, 2005
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FASHION FRIENDS & FUN
85352589
June 22, 2011
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FASHION FRIENDS AND FUN
3872658
Nov. 9, 2010
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FRIENDS FASHION FUN
2942112
April 19, 2005
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FRIENDS FASHION FUN
2957307
May 31, 2005
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DO THE SHOWS WEAR THE
CLOTHES AND PROPOSE
2959769
June 7, 2005
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PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT
CASE NO. CV11-8529 CBM (SSX)
PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX
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The term “CAbi Designs” as used herein refers to all of the following copyright
registrations owned by CAbi:
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TITLE
REGISTRATION NO.
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Spring 2010 Collection
PA0001690552
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Fall 2008 Collection
VAu000993217
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Spring 2006 Collection
VA0001351204
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Fall 2006 Collection
VAu000738418
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Spring 2008 Collection
VAu000968101
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CABiOnline.com Spring 2011
VAu001065197
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Fall 2007 Collection
VAu000749898
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Spring 2007 Collection
VAu000738409
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CabiOnline.com Spring 2010
VAu001020374
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Fall 2009 Collection
VA0001697927
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Plaintiff and Settling Defendants have entered into a Settlement Agreement and
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stipulated to entry of a Permanent Injunction and Final Judgment against the Settling
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Defendants, and having indicated below their consent to the form and entry of this
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Permanent Injunction and Final Judgment on Consent.
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
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1.
Settling Defendants, their agents, servants, employees, representatives,
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confederates, affiliates and any other persons or entities acting in concert or
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participation with them, are permanently enjoined and restrained from:
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a.
selling any CAbi products, in any manner;
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b.
using in any manner the CAbi Marks, alone or in combination with
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any word or words which so resemble each said trademark as to be likely to cause
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confusion, or to cause mistake or to deceive on or in connection with the advertising,
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offering for sale or re-sale, sale or re-sale of any product;
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PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT
CASE NO. CV11-8529 CBM (SSX)
PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX
c.
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offering for sale any product which is substantially similar to any
of the CAbi Designs;
d.
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passing off, inducing, or enabling others to sell or pass off any
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product for sale or re-sale under the CAbi Marks or which is substantially similar to
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the CAbi Designs;
e.
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committing any acts calculated to cause purchasers to believe that
Settling Defendants are authorized, approved or connected with CAbi;
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f.
further diluting and infringing any of the CAbi Marks and
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damaging CAbi’s goodwill;
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g.
except as provided in paragraph 2 below, receiving, shipping,
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delivering distributing, returning or otherwise disposing of, in any manner, products
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or inventory which bear the CAbi Marks;
h.
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selling, re-selling, consigning or accepting for consignment,
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donating or otherwise engaging in any form of business using, incorporating or
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relating to the CAbi Marks, CAbi Designs, CAbi trade name or business; and
i.
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2.
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otherwise competing unfairly with CAbi.
That Settling Defendants be required within five days of service of this
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Injunction to immediately deliver up to CAbi any and all remaining inventory in their
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possession, custody or control bearing the CAbi Marks or which incorporate any of
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the CAbi designs, along with a statement to CAbi confirming that they have complied
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accordingly.
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PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT
CASE NO. CV11-8529 CBM (SSX)
PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX
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IT IS FURTHER ORDERED, that this Court has jurisdiction over the parties,
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and the subject matter of the action. This Court shall retain jurisdiction to the extent
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necessary to enforce this Injunction and the Settlement Agreement between the
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parties, and to determine any issues that may arise under either.
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SO ORDERED.
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Dated: May 10, 2012
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By:
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Hon. Consuelo B. Marshall
U.S. District Court, Central District of California
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Respectfully submitted and approved as to form by:
Dated: May 3, 2012
EZRA BRUTZKUS GUBNER LLP
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By:
/s/ Jeffrey A. Kobulnick
Mark D. Brutzkus
J. Alison Grabell
Jeffrey A. Kobulnick
Attorneys for Plaintiff, CAbi, LLC
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Dated: May 3, 2012
STETINA BRUNDA GARRED &
BRUCKER
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By:
/s/ Mark B. Garred
Mark B. Garred
Michael J. Zingale
Attorneys for Defendants Bertha
Martine, dba The CAbi Closet,
SMMBMM, SJB Fashions and Silas
Martine
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PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT
CASE NO. CV11-8529 CBM (SSX)
PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX
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PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX
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