The North Face Apparel Corp. et al v. Eyal Allen Dahan et al

Filing 47

CONSENT DECREE AND STIPULATED PERMANENT INJUNCTION filed by Judge Margaret M. Morrow: against defendant Factory Connection LLC, Pursuant to a comprehensive settlement agreement between Plaintiff The North Face Apparel Corp., and Plaintiff VF Outdoor , Inc. ("Plaintiffs") and Defendant Factory Connection, LLC ("Factory Connection") which completely disposes of all claims by Plaintiffs against Factory Connection, the parties have stipulated to the entry of the following CONSEN T DECREE AND STIPULATED PERMANENT INJUNCTION, and request that the Court approve of and enter same into the record. After considering the parties proposal, the Court finds that the CONSENT DECREE AND STIPULATED PERMANENT INJUNCTION should be entered. WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED ANDDECREED (REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
THE NORTH FACE APPAREL CORP.,
and VF OUTDOOR, INC.
Plaintiffs,
v.
EYAL ALLEN DAHAN, Individually and
d/b/a CAVALIER, CAVALIER
SPORTSWEAR, CAVALIER APPAREL,
CAVALIER CLOSEOUTS, and LE
CAVALIER JEANS & SPORTSWEAR;
CAVALIER SPORTSWEAR, INC., a
California corporation; CAVALIER
CLOSEOUTS, INC., a California
corporation, d/b/a CAVALIER, INC.,
CAVALIER SPORTS, INC., and
CAVALIER APPAREL, INC.;
FACTORY CONNECTION LLC, a
Delaware company; YOUR CALL
APPAREL & DISTRIBUTION
COMPANY, LLC, a Wisconsin company;
CHRISTOPHER J. DELAO, Individually;
and DOES 3-10, inclusive,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No: CV 13-4821 MMM
(MANx)

CONSENT DECREE AND
STIPULATED PERMANENT
INJUNCTION

Pursuant to a comprehensive settlement agreement between Plaintiff The
North Face Apparel Corp., and Plaintiff VF Outdoor, Inc. (“Plaintiffs”) and
Defendant Factory Connection, LLC (“Factory Connection”) which completely
disposes of all claims by Plaintiffs against Factory Connection, the parties have
stipulated to the entry of the following CONSENT DECREE AND STIPULATED
PERMANENT INJUNCTION, and request that the Court approve of and enter
same into the record. After considering the parties’ proposal, the Court finds that
the CONSENT DECREE AND STIPULATED PERMANENT INJUNCTION
should be entered.
WHEREFORE, IT IS
DECREED AS FOLLOWS:

02914383.1

02897851.1

HEREBY

ORDERED,

ADJUDGED

AND

1.
Plaintiffs claim ownership of all right title and interest in and to the
trademarks evidenced by U.S. Registration No. 983,624; U.S. Registration No.
2,097,715; U.S. Registration No. 3,538,773; U.S. Registration No. 1,030,071; U.S.
Registration No. 2,897,197; and U.S. Registration No. 3,294,604 (collectively
“The North Face Registered Trademarks”).
2.
Plaintiffs have alleged that The North Face Registered Trademarks
have been infringed by Defendants’ sale of fleece jackets bearing counterfeit
versions of The North Face Registered Trademarks, but Factory Connection
disputes any liability associated with Plaintiffs’ allegations. This injunction is
being entered by consent of the parties with respect to a comprehensive settlement
agreement and shall not constitute an admission of liability by Factory Connection
nor any finding of fact by the Court with respect to the allegations of the
Complaint.
3.
Factory Connection and its servants, employees, affiliates and agents
are permanently enjoined from:
(a) manufacturing, importing, advertising, marketing, promoting,
supplying, distributing, offering for sale, or selling any products, goods,
merchandise or apparel bearing unauthorized, infringing, or counterfeit
versions of one or more of The North Face Registered Trademarks or any
other mark, designation or design element substantially similar or confusing
thereto, including but not limited to any of Plaintiffs’ registered trademarks.
(b) engaging in any other activity constituting unfair competition with
Plaintiffs, or acts and practices that deceive consumers, the public, and/or
trade, including without limitation, the use of designations and design
elements associated with Plaintiffs; and
(c) engaging in any other activity that will cause the distinctiveness of
The North Face Registered Trademarks to be diluted, tarnished, or blurred.
4.
Any violation of this CONSENT DECREE AND STIPULATED
PERMANENT INJUNCTION by Factory Connection shall entitle Plaintiffs to a
presumption of further injunctive relief. This Court has and retains jurisdiction
over the parties and of the action for consideration and disposition of any contempt
motion and citation for violation of any terms of this CONSENT DECREE AND
STIPULATED PERMANENT INJUNCTION.

02914383.1

2

CONSENTED TO BY THE PARTIES:
The undersigned parties hereby consent to the entry of the foregoing
judgment, agree with its findings and to abide by its terms, and hereby waive any
right of appeal therefrom.
/s/ Stephen F. Shaw
Stephen F. Shaw (admitted pro hac vice)
WOMBLE CARLYLE SANDRIDGE & RICE, LLP
300 N. Greene St., Ste. 1900
Greensboro, NC 27401
Telephone: [phone]
Facsimile: 336-574-4521
E-Mail:
[e-mail]
Attorneys for Plaintiffs The North Face
Apparel Corp. and VF Outdoor, Inc.

/s/ C. Andrew Kitchen
C. Andrew Kitchen (SBN 292609)
MAYNARD COOPER & GALE PC
1901 Sixth Avenue North, Ste. 2400
Birmingham, AL 35203
Telephone: [phone]
Facsimile: 205-254-1999
E-Mail:
[e-mail]
Attorneys for Factory Connection LLC

Date: June 4, 2014

______________________________
The Honorable Margaret M. Morrow
United States District Court Judge

02914383.1

3