Must Win Inc et al v. US Promotions Inc et al

Filing 12

FINAL JUDGMENT AND PERMANENT INJUNCTION filed by Judge Cormac J. Carney against Defendants Sacha Hason, US Promotions Inc. Urban Expressions is the owner of the URBAN EXPRESSIONS Marks, which are valid, enforceable, well-known and highly recognized. See Judgment for more information. (MD JS-6. Case Terminated) (twdb)

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1 2 3 4 5 6 7 8 9 RUSS AUGUST & KABAT Alexander C.D. Giza, State Bar No. 212327 Email: agiza@raklaw.com Irene Y. Lee, State Bar No. 213625 Email: ilee@raklaw.com Robert F. Gookin, State Bar No. 251601 Email: rgookin@raklaw.com Twelfth Floor 12424 Wilshire Boulevard Los Angeles, California 90025 Telephone: 310.826.7474 Facsimile: 310.826.6991 Attorneys for Plaintiffs Must Win, Inc. and Urban Expressions, Inc. UNITED STATES DISTRICT COURT 10 RUSS, AUGUST & KABAT JS-6 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 MUST WIN, INC., a California corporation; and URBAN EXPRESSIONS, INC., a California corporation, 14 15 16 17 18 19 Plaintiff, v. Case No. CV-13-01580-CJC(JCx) Assigned to The Honorable Cormac J. Carney Courtroom No.: 9B FINAL JUDGMENT AND PERMANENT INJUNCTION US PROMOTIONS, INC., dba MEGHAN LOS ANGELES, a Nevada corporation; SACHA HASON, an individual; DOES 1 through 5 Defendants. 20 21 22 23 24 25 26 27 28 3283-009 130625 Final Judgment.doc ___________________________________________________________________________ [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION 1 WHEREAS, Plaintiffs Must Win, Inc. and Urban Expressions, Inc. 2 (collectively, “Plaintiffs” or “Urban Expressions”) are the exclusive and sole 3 owner of the rights in various URBAN EXPRESSIONS marks in connection with 4 making, marketing and selling high-quality, vegan and animal-free bags, including 5 United States Trademark Registration Nos. 3,878,378 and 4,211,669 (collectively, 6 the “URBAN EXPRESSIONS Mark”); WHEREAS, Defendants US Promotions, Inc. dba Meghan Los Angeles and 8 Sacha Hason (jointly, severally and collectively “Defendants”) removed, 9 obliterated or otherwise covered the URBAN EXPRESSIONS Mark from Urban 10 RUSS, AUGUST & KABAT 7 Expressions bags and falsely represented and sold Urban Expressions bags under 11 their own MEGHAN LOS ANGELES logo (collectively, the “Infringing 12 Products”); 13 WHEREAS, a dispute has arisen between Urban Expressions and 14 Defendants in that Urban Expressions has alleged that Defendants’ removing, 15 obliterating and/or covering the URBAN EXPRESSIONS Mark and falsely 16 representing and selling Urban Expressions bags under the MEGHAN LOS 17 ANGELES 18 EXPRESSIONS Mark and constitutes, among other things, false designation of 19 origin and unfair competition; logo violates Urban Expressions’ rights in the URBAN 20 WHEREAS, on or about March 5, 2013, Urban Expressions commenced the 21 above-captioned action (“Action”) against Defendants, alleging, among other 22 things, claims of trademark infringement, false designation of origin and unfair 23 competition; 24 WHEREAS, Urban Expressions and Defendants have reached a full and 25 final settlement of the Action, which settlement was memorialized in a certain 26 document dated June 25, 2013 (the “Agreement”); and 27 WHEREAS, the Agreement provides, in pertinent part, that Defendants 28 consent to the entry of a permanent injunction enjoining Defendants from 3283-009 130625 Final Judgment.doc 2 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 removing, obliterating and/or covering or assisting others to remove, obliterate or 2 cover the URBAN EXPRESSIONS Mark from Urban Expression products and 3 using or assisting others to use any other mark, logo, name or designation on 4 Urban Expression products. 5 NOW, THEREFORE, it is, 6 ORDERED, ADJUDGED and DECREE that: 7 1. 8 9 RUSS, AUGUST & KABAT 10 11 This Court has jurisdiction over the subject matter of this Action and over the parties hereto. 2. Urban Expressions is the owner of the URBAN EXPRESSIONS Marks, which are valid, enforceable, well-known and highly recognized. 3. Defendants engaged in reverse passing off by removing, obliterating 12 and/or covering the URBAN EXPRESSIONS Marks on Urban Expressions 13 products and offering to sell and selling Urban Expression products under other 14 mark, logo, name or designation, such as the MEGHAN LOS ANGELES logo. 15 4. Each Defendant and its officers, members, principals, agents, 16 servants, employees and all persons and entities in active concert or participation 17 with any of them, be and hereby are permanently restrained and enjoined from 18 engaging in violating Urban Expressions’ rights with respect to the URBAN 19 EXPRESSIONS Marks, either directly or indirectly, in any manner, including: 20 (a) distributing, circulating, advertising, marketing, promoting, 21 importing, exporting, displaying, shipping, offering for sale or selling Urban 22 Expression products under a mark, logo, name or designation that is not URBAN 23 EXPRESSIONS, including, without limitation, the MEGHAN LOS ANGELES 24 logo, after June 25, 2013; 25 (b) committing any other acts calculated to cause purchasers to 26 believe that Urban Expressions’ genuine products are Defendants’ products or 27 associated with either Defendant in any way; and 28 3283-009 130625 Final Judgment.doc 3 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 (c) assisting, aiding or attempting to assist or aid any other person 2 or entity in performing any of the prohibited activities referred to in Paragraphs 3 5(a) and 5(b) above. 4 5 6 7 8 5. Each party shall bear its own costs, expenses, and attorneys’ fees associated with this Action. 6. The execution of this Final Judgment shall serve to bind and obligate the parties hereto. 7. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this 10 RUSS, AUGUST & KABAT 9 Final Judgment, the enforcement thereof and the punishment of any violations 11 thereof. Except as otherwise provided herein, this Action is fully resolved in favor 12 of Urban Expressions with prejudice as to Defendants. 13 8. After the Court has entered this Judgment, Urban Expressions shall 14 promptly provide a copy of it to Defendants, and Urban Expressions shall file with 15 the Court a proof of service thereof within thirty (30) days thereafter. 16 17 Dated: July 11, 2013 Cormac J .Carney United States District Judge 18 19 20 21 22 23 24 25 26 27 28 3283-009 130625 Final Judgment.doc 4 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 CONSENTS 2 3 The undersigned parties to this Action consent to the entry of this Final Judgment and Permanent Injunction upon consent. 4 5 US Promotions, Inc. dba Meghan Los Angeles Sacha Hason By: By: Name: Date: 6 7 8 9 RUSS, AUGUST & KABAT 10 Title: Date: 11 12 Must Win, Inc. Urban Expressions, Inc. By: By: Name: Name: Title: Title: Date: Date: 13 14 15 16 17 18 19 DATED: July 11, 13 20 Respectfully submitted, 21 RUSS, AUGUST & KABAT 22 23 By: 24 Robert F. Gookin Attorneys for Plaintiffs Must Win, Inc. and Urban Expressions, Inc. 25 26 27 28 3283-009 130625 Final Judgment.doc 5 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION

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