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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RUSS AUGUST & KABAT
Alexander C.D. Giza, State Bar No. 212327
Email: [e-mail]
Irene Y. Lee, State Bar No. 213625
Email: [e-mail]
Robert F. Gookin, State Bar No. 251601
Email: [e-mail]
Twelfth Floor
12424 Wilshire Boulevard
Los Angeles, California 90025
Telephone: [phone]
Facsimile: 310.826.6991

Attorneys for Plaintiffs Must Win, Inc. and Urban Expressions, Inc.
UNITED STATES DISTRICT COURT

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RUSS, AUGUST & KABAT

JS-6

CENTRAL DISTRICT OF CALIFORNIA

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MUST WIN, INC., a California
corporation; and URBAN
EXPRESSIONS, INC., a California
corporation,

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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.

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3283-009 130625 Final Judgment.doc

___________________________________________________________________________
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

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WHEREAS, Plaintiffs Must Win, Inc. and Urban Expressions, Inc.

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(collectively, “Plaintiffs” or “Urban Expressions”) are the exclusive and sole

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owner of the rights in various URBAN EXPRESSIONS marks in connection with

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making, marketing and selling high-quality, vegan and animal-free bags, including

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United States Trademark Registration Nos. 3,878,378 and 4,211,669 (collectively,

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the “URBAN EXPRESSIONS Mark”);
WHEREAS, Defendants US Promotions, Inc. dba Meghan Los Angeles and

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Sacha Hason (jointly, severally and collectively “Defendants”) removed,

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obliterated or otherwise covered the URBAN EXPRESSIONS Mark from Urban

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RUSS, AUGUST & KABAT

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Expressions bags and falsely represented and sold Urban Expressions bags under

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their own MEGHAN LOS ANGELES logo (collectively, the “Infringing

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Products”);

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WHEREAS, a dispute has arisen between Urban Expressions and

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Defendants in that Urban Expressions has alleged that Defendants’ removing,

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obliterating and/or covering the URBAN EXPRESSIONS Mark and falsely

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representing and selling Urban Expressions bags under the MEGHAN LOS

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ANGELES

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EXPRESSIONS Mark and constitutes, among other things, false designation of

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origin and unfair competition;

logo

violates

Urban

Expressions’

rights

in

the

URBAN

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WHEREAS, on or about March 5, 2013, Urban Expressions commenced the

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above-captioned action (“Action”) against Defendants, alleging, among other

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things, claims of trademark infringement, false designation of origin and unfair

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competition;

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WHEREAS, Urban Expressions and Defendants have reached a full and

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final settlement of the Action, which settlement was memorialized in a certain

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document dated June 25, 2013 (the “Agreement”); and

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WHEREAS, the Agreement provides, in pertinent part, that Defendants

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consent to the entry of a permanent injunction enjoining Defendants from
3283-009 130625 Final Judgment.doc
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___________________________________________________________________________
FINAL JUDGMENT AND PERMANENT INJUNCTION

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removing, obliterating and/or covering or assisting others to remove, obliterate or

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cover the URBAN EXPRESSIONS Mark from Urban Expression products and

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using or assisting others to use any other mark, logo, name or designation on

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Urban Expression products.

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NOW, THEREFORE, it is,

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ORDERED, ADJUDGED and DECREE that:

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1.

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RUSS, AUGUST & KABAT

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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

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and/or covering the URBAN EXPRESSIONS Marks on Urban Expressions

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products and offering to sell and selling Urban Expression products under other

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mark, logo, name or designation, such as the MEGHAN LOS ANGELES logo.

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4.

Each Defendant and its officers, members, principals, agents,

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servants, employees and all persons and entities in active concert or participation

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with any of them, be and hereby are permanently restrained and enjoined from

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engaging in violating Urban Expressions’ rights with respect to the URBAN

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EXPRESSIONS Marks, either directly or indirectly, in any manner, including:

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(a)

distributing, circulating, advertising, marketing, promoting,

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importing, exporting, displaying, shipping, offering for sale or selling Urban

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Expression products under a mark, logo, name or designation that is not URBAN

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EXPRESSIONS, including, without limitation, the MEGHAN LOS ANGELES

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logo, after June 25, 2013;

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(b)

committing any other acts calculated to cause purchasers to

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believe that Urban Expressions’ genuine products are Defendants’ products or

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associated with either Defendant in any way; and

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3283-009 130625 Final Judgment.doc

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FINAL JUDGMENT AND PERMANENT INJUNCTION

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(c)

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

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or entity in performing any of the prohibited activities referred to in Paragraphs

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5(a) and 5(b) above.

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5.

Each party shall bear its own costs, expenses, and attorneys’ fees

associated with this Action.
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The execution of this Final Judgment shall serve to bind and obligate

the parties hereto.
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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

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RUSS, AUGUST & KABAT

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

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thereof. Except as otherwise provided herein, this Action is fully resolved in favor

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of Urban Expressions with prejudice as to Defendants.

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8.

After the Court has entered this Judgment, Urban Expressions shall

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promptly provide a copy of it to Defendants, and Urban Expressions shall file with

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the Court a proof of service thereof within thirty (30) days thereafter.

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Dated: July 11, 2013
Cormac J .Carney
United States District Judge

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3283-009 130625 Final Judgment.doc

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FINAL JUDGMENT AND PERMANENT INJUNCTION

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CONSENTS

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The undersigned parties to this Action consent to the entry of this Final
Judgment and Permanent Injunction upon consent.

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US Promotions, Inc.
dba Meghan Los Angeles

Sacha Hason

By:

By:

Name:

Date:

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RUSS, AUGUST & KABAT

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Title:
Date:

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Must Win, Inc.

Urban Expressions, Inc.

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:

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DATED: July 11, 13

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Respectfully submitted,

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RUSS, AUGUST & KABAT

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By:

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Robert F. Gookin
Attorneys for Plaintiffs
Must Win, Inc. and Urban Expressions, Inc.

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3283-009 130625 Final Judgment.doc

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FINAL JUDGMENT AND PERMANENT INJUNCTION