Coach Inc et al v. J Dew Collection et al

Filing 35

CONSENT JUDGMENT, PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE by Judge John F. Walter in favor of Coach Inc. and Coach Services Inc. against J Dew Collection and Soo Young Kim Re: Stipulation for Judgment 34 . ( MD JS-6. Case Terminated ) (kbr)

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Brent H. Blakely (SBN 157292)
[e-mail]
Michael Marchand (SBN 281080)
[e-mail]
BLAKELY LAW GROUP
915 North Citrus Avenue
Hollywood, California 90038
Telephone: [phone]
Facsimile: [phone]

JS-6

NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT

Attorneys for Plaintiffs
Coach, Inc. and Coach Services, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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COACH, INC., a Maryland Corporation; ) Case No. CV 12-09353 JFW (PLAx)
COACH SERVICES, INC., a Maryland )
)
Corporation,
) ORDER RE CONSENT JUDGMENT
) INCLUDING A PERMANENT
Plaintiffs,
) INJUNCTION AND VOLUNTARY
vs.
) DISMISSAL OF ACTION WITH
) PREJUDICE
J DEW COLLECTION, an unknown
)
business entity; SOO YOUN KIM, an
)
individual, and DOES 1-10, inclusive,
)
)
Defendants.
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)
)
)
WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. (“Plaintiffs” or

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“Coach”) and Defendants J Dew Collection and Soo Youn Kim (“Defendants”) have

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entered into a Settlement Agreement and Mutual Release as to the claims in the above

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reference matter. Defendants, having agreed to consent to the terms below terms, it is

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hereby ORDERED, ADJUDGED, and DECREED as among the parties hereto that:

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1.

This Court has jurisdiction over the parties to this Final Judgment and has

jurisdiction over the subject matter hereof pursuant to 28 U.S.C. § 1331, 1338.

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1
ORDER RE CONSENT JUDGMENT

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2.

Coach is the worldwide owner of the trademark “COACH” and various

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composite trademarks and assorted design components (collectively “Coach Marks”).

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Coach Marks include but are not limited to the following marks:

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Mark

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“COACH”

U.S. Registration No(s). Registration Date
751, 493

06/25/1963

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1,071,000

08/09/1977

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2,088,706

08/19/1997

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3,157,972

10/17/2006

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3,413,536

04/15/2008

3,251,315

06/12/2007

3,441,671

06/03/2008

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2,252,847

06/15/1999

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2,534,429

01/29/2002

1,309,779

12/18/1984

2,045,676

03/18/1997

2,169,808

06/30/1998

2,592,963

07/09/2002

2,626,565

09/24/2002

2,822,318

03/16/2004

2,832,589

04/13/2004

2,822,629

03/16/2004

3,695,290

10/13/2009

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Signature “C” Logo

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ORDER RE CONSENT JUDGMENT

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3,696,470

10/13/2009

3,012,585

11/08/2005

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Coach “Op Art” Mark

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3.

Plaintiffs have alleged that Defendants’ purchase and sale of products

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which infringe upon the Coach Marks constitutes trademark counterfeiting, trademark

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infringement, trade dress infringement, false designations of origin and false

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descriptions, federal trademark dilution, trademark dilution under California law, and

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unfair competition under California law. Without admitting to liability, Defendants

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have agreed to all terms set forth herein.

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4.

Defendants and their agents, servants, employees and all persons in active

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concert and participation with them who receive actual notice of this Final Judgment

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are hereby permanently restrained and enjoined from infringing upon the Coach

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Marks, either directly or contributorily, in any manner, including but not limited to:

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(a)

Manufacturing, importing, purchasing, distributing, advertising,

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offering for sale, and/or selling any products which bear designs identical, substantially

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similar, and/or confusingly similar to the Coach Marks;

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(b)

Using the Coach Marks or any reproduction, counterfeit, copy or

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colorable imitation thereof in connection with the manufacture, importation,

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distribution, advertisement, offer for sale and/or sale of merchandise;

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(c)

Passing off, inducing or enabling others to sell or pass off any

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products or other items that are not Plaintiffs’ genuine merchandise as genuine Coach

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merchandise;
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ORDER RE CONSENT JUDGMENT

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(d)

Committing any other acts calculated to cause purchasers to believe

that Defendants’ products are Coach’s genuine merchandise unless they are such;

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(e)

Shipping, delivering, holding for sale, distributing, returning,

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transferring or otherwise moving, storing or disposing of in any manner items falsely

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bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation

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thereof; and

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(f)

Assisting, aiding or attempting to assist or aid any other person or

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entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to

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4(e) above.

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5.

Plaintiffs and Defendants shall bear their own costs associated with this

action.

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6.

The execution of this Final Judgment shall serve to bind and obligate the

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parties hereto.

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7.

The jurisdiction of this Court is retained for the purpose of making any

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further orders necessary or proper for the construction or modification of this Final

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Judgment, the enforcement thereof and the punishment of any violations thereof.

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Except as otherwise provided herein, this action is fully resolved with prejudice.

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IT IS SO ORDERED

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DATED:

May 13, 2013

____________________________
Honorable John F. Walter

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United States District Judge

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ORDER RE CONSENT JUDGMENT