Forever 21 Inc v. National Stores Inc et al

Filing 194

DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST BASEMENT CLOTHING USA, INC. by Judge Otis D. Wright, II:PLAINTIFF FOREVER 21, INC. shall recover $4,800 in statutory damages from DEFENDANT BASEMENT CLOTHING USA, INC.PLAINTIFF FOREVER 21, INC. s hall also recover $680 in attorneys fees pursuant to Local Rule 55-3 as well as costs, to be evidenced by a bill of costs, against DEFENDANT BASEMENT CLOTHING USA, INC.. Permanent Injunction. DEFENDANT BASEMENT CLOTHING USA, INC. is hereby restrained and enjoined re plaintiffs trademark and any intellectual property.The Clerk of Court shall close this case. (MD JS-6. Case Terminated). (lc). Modified on 8/11/2014 (lc).

JS-6

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United States District Court
Central District of California

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Plaintiff,

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Case No. 2:12-cv-10807-ODW(JCGx)

FOREVER 21, INC.,

DEFAULT JUDGMENT AND

v.
NATIONAL STORES INC., et al.,
Defendants.

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AGAINST BASEMENT CLOTHING
USA, INC.

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PERMANENT INJUNCTION

In light of the Order Granting Plaintiff Forever 21, Inc.’s Motion for Default
Judgment (ECF No. 193), the Court ORDERS that judgment be entered as follows:
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Judgment

for

PLAINTIFF

FOREVER

21,

INC.

and

against

DEFENDANT BASEMENT CLOTHING USA, INC.;
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PLAINTIFF FOREVER 21, INC. shall recover $4,800 in statutory

damages from DEFENDANT BASEMENT CLOTHING USA, INC.
3.

PLAINTIFF FOREVER 21, INC. shall also recover $680 in attorneys’

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fees pursuant to Local Rule 55-3 as well as costs, to be evidenced by a bill of costs,

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against DEFENDANT BASEMENT CLOTHING USA, INC.

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4.

Permanent Injunction. DEFENDANT BASEMENT CLOTHING USA,

INC. is hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116, from engaging

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in, directly or indirectly, any of the following activities in the United States and

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throughout the world:

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(i)

copying, manufacturing, marketing, displaying, selling, offering for sale,

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reproducing, licensing, developing, delivering, and/or distributing any product

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or service that uses, or otherwise makes any use of any of PLAINTIFF

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FOREVER 21’s Trademarks, and/or any intellectual property that is

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confusingly or substantially similar to, or that constitutes a colorable imitation

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of any of PLAINTIFF FOREVER 21’s Trademarks;

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(ii)

using any trademark or trade name that falsely represents, or is likely to

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confuse, mislead, or deceive purchasers, customers, or members of the public

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to believe that unauthorized products, imported, exported, manufactured,

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reproduced, distributed, assembled, acquired, exported, offered, sold,

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transferred, brokered, consigned, distributed, shipped, marketed, advertised

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and/or promoted by DEFENDANT BASEMENT CLOTHING USA, INC.

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originate from PLAINTIF FOREVER 21, or that said merchandise has been

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sponsored, approved, licensed by, or associated with PLAINTIFF FOREVER

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21 or is, in some way, connected or affiliated with PLAINTIFF FOREVER 21;

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(iv)

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mislead, or deceive purchasers, customers, or members of the public to believe

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that DEFENDANT BASEMENT CLOTHING USA, INC. is connected with,

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or is in some way sponsored by or affiliated with PLAINTIFF FOREVER 21,

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purchases products from or otherwise has a business relationship with

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PLAINTIFF FOREVER 21; and

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(v)

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designation, false advertising, unfair competition, dilution, or other act(s) which

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would tend to damage or injure PLAINTIFF FOREVER 21’S rights in and to

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PLAINTIFF FOREVER 21’s Trademarks.

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engaging in any conduct that falsely represents, or is likely to confuse,

engaging in any acts of federal and/or state trademark infringement, false

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5.

The Clerk of Court shall close this case.

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IT IS SO ORDERED.

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August 11, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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