Guru Denim Inc v. Lloyd Gock et al

Filing 38

ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARYDISMISSAL OF ACTION WITH PREJUDICE 37 by Judge Otis D. Wright, II : Defendants Guru Denim Inc against Fortune Trading, Inc., Lloyd Gock and their agents etc are permanently restr ained and enjoined from infringing uponPlaintiffs trademarks (SEE DOCUMENT FOR SPECIFICS). Plaintiff and Defendants shall bear their own costs and attorneys fees associated with this action. Except as otherwise provided herein, this action is fully resolved with prejudice. ( MD JS-6. Case Terminated ) (lc)

1

5

Brent H. Blakely (SBN 157292)
[e-mail]
Cindy Chan (SBN 247495)
[e-mail]
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for Plaintiff Guru Denim, Inc.

2
3
4

JS-6

7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

GURU DENIM, INC., a California
Corporation dba TRUE RELIGION
BRAND JEANS,

13
vs.

14
15
16
17

LLOYD GOCK, an individual; ROSS
STORES, INC., a Delaware
Corporation; FORTUNE TRADING,
INC., a California Corporation; and
DOES 1-10, inclusive,
Defendants.

18
19

Plaintiff,

) CASE NO. 2:13-CV-07844-ODW(SH)
)
) ORDER RE CONSENT JUDGMENT
) INCLUDING PERMANENT
) INJUNCTION AND VOLUNTARY
) DISMISSAL OF ACTION WITH
) PREJUDICE
)
)
)
)
)
)
)
)

WHEREAS Plaintiff Guru Denim, Inc. having filed a Complaint in this action

20

charging Defendants Lloyd Gock and Fortune Trading, Inc. (collectively

21

“Defendants”) have entered into a Settlement Agreement and Mutual Release as to the

22

claims in the above referenced matter. Defendants, having stipulated to the below

23

terms, IT IS HEREBY ORDERED that:

24
25
26

1.

This Court has jurisdiction over the parties to this Final Consent Decree

and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.
2.

Plaintiff is the owner of the trademark registrations for word marks

27

“TRUE RELIGION” (registrations include but are not limited to U.S. Reg. Nos.

28

3,628,973 and 3,162,614) and “TRUE RELIGION BRAND JEANS” (registrations
1
[PROPOSED] ORDER

1

include but are not limited to U.S. Reg. Nos. 2,761,793 and 3,120,797), as well as

2

various composite trademarks comprising said word marks and assorted design

3

components (collectively “True Religion Marks”).

4

3.

True Religion’s “U” marks, which are well-known and highly recognized.

5

True Religion has used the “U” marks in association with the sale of goods, including

6

jeans, jackets, and shorts, since as early as 2002. One of the “U” marks was registered

7

at the U.S Patent and Trademark office in 2006. Since then, True Religion has used

8

various composites and variations of the “U” marks on its goods, most of which have

9

been registered with the United States Patent and Trademark Office. Registrations for

10

the “U” marks include, but are not limited to the following (collectively “True

11

Religion’s “U” Marks”).
Trademark

12

3,147,244

Date of
Registration
09/26/2006

3,482,001

08/05/2008

3,561,466

13

U.S. Reg. No.

01/13/2009

14
15
16
17
18
19
20
21
22
23
24

4.

Plaintiff has alleged that Defendants’ purchase, importation, distribution,

25

advertisement, offering for sale, and sale of products bearing the pocket design shown

26

below (“Disputed Products”) infringe upon True Religion’s “U” Marks and constitute

27

trademark infringement, trademark dilution, and unfair competition under the Lanham

28

Trademark Act, and under the common law.
2
[PROPOSED] ORDER

1
2
3
4
5
6

5.

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

7

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

8

Decree are hereby permanently restrained and enjoined from infringing upon

9

Plaintiff’s trademarks either directly or contributorily in any manner, including:
(a)

10

Manufacturing, purchasing, producing, distributing, circulating,

11

selling, offering for sale, importing, exporting, advertising, promoting, displaying,

12

shipping or marketing the Disputed Products;
(b)

13

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

14

person or entity in performing any of the prohibited activities referenced in Paragraph

15

5(a) above;
(c)

16

Knowingly affecting any transactions, assignments or transfers, or

17

forming new entities or associations to circumvent the prohibitions referred to in

18

Paragraph 5(a) above;

19
20
21

6.

Plaintiff and Defendants shall bear their own costs and attorneys’ fees

associated with this action.
7.

The execution of this Consent Judgment shall serve to bind and obligate

22

the parties hereto. However, dismissal with prejudice of this action shall not have

23

preclusive effect on those who are not a party to this action, all claims against whom

24

Plaintiff expressly reserves.

25

[CONTINUED ON NEXT PAGE]

26
27
28
3
[PROPOSED] ORDER

1

8.

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 fully resolved with prejudice.

5

IT IS SO ORDERED.

6
7
8

DATED: September 15, 2014

__________________________
Hon. Otis D. Wright II
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
[PROPOSED] ORDER