Coach Inc et al v. Nora Bella Salon et al

Filing 14

CONSENT JUDGMENT by Judge Beverly Reid O'Connell. Defendants, having agreed to consent to the terms below terms, it is hereby ORDERED, ADJUDGED, and DECREED as set forth in the Consent Judgment. 13 ( MD JS-6. Case Terminated ) (rfi)

JS-6
1 Brent H. Blakely (SBN 157292)
[e-mail]
2 Michael Marchand (SBN 281080)
[e-mail]
3 BLAKELY LAW GROUP
915 North Citrus Avenue
4 Hollywood, California 90038
Telephone: [phone]
5 Facsimile: [phone]

6 Attorneys for Plaintiffs
Coach, Inc. and Coach Services, Inc.
7

8
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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COACH, INC., a Maryland Corporation,
12 and COACH SERVICES, INC., a
Maryland Corporation,
13
Plaintiffs,
14
vs.

15 NORA BELLA SALON, an unknown
business entity; NORA TAYUN an
16 individual, and DOES 1-10, inclusive,

17

Defendants.

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19

) CASE NO. CV13-02590-BRO-(MAN)
)
) ORDER RE CONSENT
) JUDGMENT INCLUDING A
) PERMANENT INJUNCTION AND
) VOLUNTARY DISMISSAL OF ACTIO
) WITH PREJUDICE
)
)
)
)
)
)
)
)
)

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WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. (“
Plaintiffs”or

21 “
Coach” and Defendants Nora Bella Salon and Nora Tayun (“
)
Defendants” have
)

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

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

24 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

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

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1
ORDER

RE

CONSENT JUDGMENT

1

2.

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

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

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

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5

Mark

U.S. Registration No(s). Registration Date

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“
COACH”

751, 493

06/25/1963

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1,071,000

08/09/1977

8

2,088,706

08/19/1997

9

10

3,157,972

11

06/12/2007

3,441,671

12

04/15/2008

3,251,315

10/17/2006

3,413,536

06/03/2008

13

14

15

16

17

2,252,847

06/15/1999

18

2,534,429

19

01/29/2002
12/18/1984

1,309,779

20

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2,045,676

22
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24

25

03/18/1997

2,169,808

06/30/1998
07/09/2002

2,592,963

2,626,565

09/24/2002

Signature “
C”Logo

2,822,318

03/16/2004

2,832,589

26
27

04/13/2004

2,822,629

03/16/2004

3,695,290

10/13/2009

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2
ORDER

RE

CONSENT JUDGMENT

1

3,696,470

10/13/2009

3,012,585

11/08/2005

2

3

Coach “ Art”Mark
Op

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3.

Plaintiffs have alleged that Defendants’purchase and sale of products

11 which infringe upon the Coach Marks constitutes trademark counterfeiting, trademark

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

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

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

15 have agreed to all terms set forth herein.

16

4.

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

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

18 are hereby permanently restrained and enjoined from infringing upon the Coach

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

20

(a)

Manufacturing, importing, purchasing, distributing, advertising,

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

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

23

(b)

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

24 colorable imitation thereof in connection with the manufacture, importation,

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

26

(c)

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

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

28 merchandise;

3
ORDER

RE

CONSENT JUDGMENT

1

(d)

Committing any other acts calculated to cause purchasers to believe

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

3

(e)

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

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

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

6 thereof; and

7

(f)

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

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

9 4(g) above.

10

5.

Plaintiffs and Defendants shall bear their own costs associated with this

11 action.

12

6.

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

13 parties hereto.

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4
ORDER

RE

CONSENT JUDGMENT

1

7.

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

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

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

4 Except as otherwise provided herein, this action is resolved with prejudice as to

5 Defendants.

6

7

8 IT IS SO ORDERED

9

10 DATED:

JULY 26

, 2013

_
Honorable Beverly Reid O'Connell

11

United States District Judge

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5
ORDER

RE

CONSENT JUDGMENT