Chanel Inc v. Rosita Rahmani et al

Filing 13

STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge George H. King in favor of Chanel Inc against Rosita Rahmani. Defendant and her officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and enjoined fromintentionally and/or knowingly: manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sellcounterfeit and infringing goods bearing the Chanel Marks; using the Chanel Marks in connection with the sale of any unauthorized goods; using any logo, and/or layout which may be calculated to falsely advertise the services or products of Defendant as being sponsored by, authorized by, endorsed by, or in any way associated with Chanel; falsely representing Defendant; using any counterfeit, unauthorized reproduction copy, or colorable imitation of the Chanel Marks. The parties respective attorneys fees and costs incurred in connection with this action shall be borne as per the agreement of the individual parties in their Settlement Agreement. This Court will retain continuing jurisdiction over this cause to enforce the terms of this Consent Final Judgment and the Settlement Agreement between the parties. All infringing and counterfeit Chanel branded products surrendered by Defendant to Chanel under the terms of the parties settlement, shall be destroyed under the direction of Chanel. ( MD JS-6. Case Terminated ) (shb)

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James H. Berry, Jr. (State Bar No. 075834)
Kevin R. Lussier (State Bar No. 143821)
BERRY & LUSSIER
A Professional Corporation
1901 Avenue of the Stars, Suite 1060
FILED: 2/3/14
Los Angeles, California 90067
Telephone: [phone]
JS-6
Facsimile: [phone]
E-Mail: [e-mail]
NOTE: CHANGES MADE BY THE COURT
E-Mail: [e-mail]
Attorneys for Plaintiff CHANEL, INC.

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Foster Tepper (State Bar No. 033045)
TEPPER & ASSOCIATES
9454 Wilshire Boulevard, Suite M-16
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant ROSITA RAHMANI

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BERRY & LUSSIER

A PROFESSIONAL CORPORATION

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THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
CHANEL, INC.,
a New York corporation,

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Plaintiff,
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v.
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ROSITA RAHMANI, an individual,
d/b/a PASSION4FASHIONLESS d/b/a )
SHOP_AUTHENTICFASHION4LESS )
d/b/a 2001PUMPKIN, and DOES 1-10,
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Defendants.
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Case No. CV 13-02622 GHK (JCGx)
[PROPOSED] STIPULATED
CONSENT FINAL JUDGMENT
AND PERMANENT INJUNCTION

Plaintiff, Chanel, Inc. (“Chanel”) and Defendant Rosita Rahmani, an
individual, d/b/a passion4fashionless d/b/a shop_authenticfashion4less d/b/a
2001pumpkin (“Defendant”) stipulate and consent to the following:
CV13-02622 GHK (JCGx)
-1STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION

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WHEREAS, Defendant adopted and began using trademarks in the United

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States which infringe and dilute the distinctive quality of Chanel’s various

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registered trademarks: CHANEL,

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Chanel’s Complaint filed herein (the “Chanel Marks”);

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and

and as identified in Paragraph 7 of

WHEREAS, Defendant’s use of names and marks which are identical to, or

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substantially indistinguishable from the Chanel Marks is likely to cause confusion

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as to source or origin of Defendant’s products, and will further dilute the distinctive

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quality of the Chanel Marks;

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BERRY & LUSSIER

A PROFESSIONAL CORPORATION

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WHEREAS, without the admission of any liability, the parties desire to
settle and have amicably resolved their dispute to each of their satisfaction; and
WHEREAS, based upon Chanel’s good faith prior use of the Chanel Marks,

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Chanel has superior and exclusive rights in and to the Chanel Marks in the United

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States and any confusingly similar names or marks.

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IT IS BASED on the parties’ stipulation (dkt #12), ORDERED,
ADJUDGED AND DECREED as between the parties that:
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Defendant and her officers, agents, servants, employees and attorneys,

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and all persons in active concert and participation with them who shall receive

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actual notice of this injunction are hereby permanently restrained and enjoined from

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intentionally and/or knowingly:

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A.

manufacturing or causing to be manufactured, importing,

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advertising, or promoting, distributing, selling or offering to sell

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counterfeit and infringing goods bearing the Chanel Marks;

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B.

unauthorized goods;

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using the Chanel Marks in connection with the sale of any

C.

using any logo, and/or layout which may be calculated to falsely

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advertise the services or products of Defendant as being

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sponsored by, authorized by, endorsed by, or in any way

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associated with Chanel;
CV13-02622 GHK (JCGx)
-2STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION

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D.

through sponsorship or association,

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falsely representing Defendant as being connected with Chanel,

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engaging in any act which is likely to falsely cause members of

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the trade and/or of the purchasing public to believe any goods or

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services of Defendant, are in any way endorsed by, approved by,

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and/or associated with Chanel;

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F.

using any counterfeit, unauthorized reproduction copy, or

publicity, promotion, sale, or advertising of any goods sold by

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the Defendant, including, without limitation, costume jewelry,

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BERRY & LUSSIER

colorable imitation of the Chanel Marks in connection with the

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A PROFESSIONAL CORPORATION

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including necklaces, key chains, and handbags;

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G.

affixing, applying, annexing or using in connection with the sale

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of any goods, a false description or representation, including

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words or other symbols tending to falsely describe or

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represent Defendant’s goods as being those of Chanel,

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or in any way endorsed by Chanel;

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H.

competing with Chanel;

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offering such goods in commerce, and from otherwise unfairly

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secreting, destroying, altering, removing, or otherwise dealing

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with the unauthorized products or any books or records which

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contain any information relating to the importing,

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manufacturing, producing, distributing, circulating, selling,

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marketing, offering for sale, advertising, promoting, renting or

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displaying of all unauthorized products which infringe the

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Chanel Marks; and

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J.

effecting assignments or transfers, forming new entities or
associations or utilizing any other device for the purpose of

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CV13-02622 GHK (JCGx)
-3STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION

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circumventing or otherwise avoiding the prohibitions set forth in

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subparagraphs (A) through (I).

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Chanel shall have the right to seek sanctions for contempt,

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compensatory damages, injunctive relief, attorneys’ fees, costs, and such other

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relief deemed proper in the event of a violation or failure by Defendant to comply

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with any of the provisions hereof. The prevailing party in any such proceeding shall

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be entitled to recover its reasonable attorneys’ fees and costs.

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3.

The causes of action between Chanel and Defendant are hereby

dismissed, subject to the terms of the Settlement Agreement between the parties.

BERRY & LUSSIER

This Consent Final Judgment shall be conclusive for purposes of collateral estoppel

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A PROFESSIONAL CORPORATION

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regarding all issues that have been or could have been brought on the same

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operative facts.

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4.

The parties’ respective attorney’s fees and costs incurred in connection

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with this action shall be borne as per the agreement of the individual parties in their

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Settlement Agreement.

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5.

This Court will retain continuing jurisdiction over this cause to enforce

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the terms of this Consent Final Judgment and the Settlement Agreement between

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the parties.

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6.

All infringing and counterfeit Chanel branded products surrendered by

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Defendant to Chanel under the terms of the parties’ settlement, shall be destroyed

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under the direction of Chanel.

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IT IS SO ORDERED.

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Dated:

2/2

, 2014

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_______________________________
GEORGE H. KING
Chief United States District Judge

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CV13-02622 GHK (JCGx)
-4STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION