Must Win Inc et al v. La Double 7 Inc et al
Filing
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FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Josephine L. Staton. (see document for details). (dro)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MUST WIN, INC., a California
corporation; and URBAN
EXPRESSIONS, INC., a California
corporation,
Plaintiff,
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Case No. 13-cv-01581-JLS-JPR
FINAL JUDGMENT AND
PERMANENT INJUNCTION
v.
LA DOUBLE 7, a California
corporation; SHANG JING DING, an
individual; DOES 1 through 5
Defendants.
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___________________________________________________________________________
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”);
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WHEREAS, Defendants LA Double 7, Inc. (“LA Double 7”) and Shang
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Jing Ding (“Ding”) (jointly, severally and collectively “Defendants”) obtained
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Urban Expressions’ branded bags from a Chinese distributor and falsely
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represented, advertised, and/or offered to sell Urban Expressions bags under their
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own LA Double 7 name and mark (collectively, the “Infringing 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’ falsely
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representing, advertising, and/or offering to sell Urban Expressions bags under the
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LA Double 7 name and mark violates Urban Expressions’ rights in the URBAN
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EXPRESSIONS Mark and constitutes, among other things, false designation of
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origin and unfair competition;
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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 September 11, 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
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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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FINAL JUDGMENT AND PERMANENT INJUNCTION
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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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This Court has jurisdiction over the subject matter of this Action and
over the parties hereto.
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Urban Expressions is the owner of the URBAN EXPRESSIONS
Marks, which are valid, enforceable, well-known and highly recognized.
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Defendants engaged in reverse passing off by offering to sell Urban
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Expression products under another mark, logo, name or designation, such as the
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LA Double 7 name and mark.
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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:
(a)
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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 LA Double 7 name and mark;
(b)
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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
(c)
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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.
Defendants are jointly and severally liable to Urban Expressions for
monetary compensation in the amount specified in the Agreement.
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FINAL JUDGMENT AND PERMANENT INJUNCTION
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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
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any further orders necessary or proper for the construction or modification of this
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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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9.
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 ten (10) days thereafter.
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Dated: October 22, 2013
Josephine L. Staton
United States District Judge
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FINAL JUDGMENT AND PERMANENT INJUNCTION
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