Third Estate LLC v. Paislee Ltd et al

Filing 17

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Fernando M. Olguin. It is hereby ORDERED, ADJUDGED AND DECREED: Paislee and each of its members, officers, directors, agents, employees, subsidiaries, affiliates, partners, predecessors, successors a nd/or other related companies are permanently enjoined. (See attached Consent Judgment for further details). The Court shall retain jurisdiction to enforce the terms of the parties' Settlement Agreement and of this Consent Judgment and Permanent Injunction. (MD JS-6. Case Terminated.) (jp)

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Attorneys for Plaintiff
Third Estate LLC, dba Dope and
Dope Couture

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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David Martinez, Bar No. 193183
[e-mail]
Emily A. Jarvis, Bar No. 265223
[e-mail]
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
2049 Century Park East, Suite 3400
Los Angeles, CA 90067-3208
Telephone: [phone]
Facsimile: [phone]

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THIRD ESTATE LLC, dba DOPE
and DOPE COUTURE,
Plaintiff,

Case No. CV 13-09380 FMO (JCGx)
CONSENT JUDGMENT AND
PERMANENT INJUNCTION

v.
PAISLEE LTD., PAISLEE MV
INCORPORATED, THE ADONI
GROUP, INC.; and DOES 1 through
10,

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Defendants.

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[PROPOSED] CONSENT JUDGMENT

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AND PERMANENT INJUNCTION

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Plaintiff Third Estate LLC, dba Dope and Dope Couture (“Third Estate”) and

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Defendants Paislee MV Incorporated, and The Adoni Group, Inc. dba

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paisleeltd.com (collectively, “Paislee”) (Third Estate and Paislee are from time to

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time referred to as “the Parties” and individually as “Party”), having agreed to a

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settlement of the claims between them asserted in this lawsuit (the “Settlement

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Agreement”), and having stipulated to entry of this Consent Judgment,

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60737069.2

CONSENT JUDGMENT
AND PERMANENT INJUNCTION

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It is hereby ORDERED, ADJUDGED AND DECREED:

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Third Estate has filed this action asserting claims for trademark infringement

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and unfair competition, among others and wherein it alleges that, inter alia, Paislee

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has distributed, offered for sale and sold at wholesale and/or retail various

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merchandise, apparel and services using various marks owned by Third Estate.

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Paislee denies such allegations.
Third Estate alleges it is a widely recognized designer and retailer of

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contemporary and high end street-wear, including clothing, apparel, jewelry and

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accessories, and alleges that it sells its products through both an on-line retail store

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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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outlet located at http://shop.dopecouture.com and www.dope.com (“DOPE

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Website”), and a physical retail store located in 454 N. Fairfax Avenue, Los

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Angeles, California (“DOPE Store”).

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Third Estate alleges that, at all relevant times, it has used the DOPE

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COUTURE trademark and trade name (“DOPE COUTURE Mark”) and the DOPE

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trademark and trade name (“DOPE Mark”) in interstate commerce (collectively,

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“DOPE Marks”), including through the DOPE Store and the DOPE Website. Third

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Estate alleges that, at all relevant times, it has prominently displayed its DOPE

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Marks in connection with fashion apparel sold in the DOPE Store and DOPE

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Website.

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Third Estate is the owner of multiple U.S. Trademark Registrations for the

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Dope Marks in connection with men’s and women’s fashion and jewelry, as

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follows:

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DOPE

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No. 4,403,067

IC25

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No. 4,338,806

IC28

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No. 4,387,143

IC14

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No. 4,414,043

IC41

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60737069.2

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CONSENT JUDGMENT
AND PERMANENT INJUNCTION

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DOPE COUTURE

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No. 4,075,682

IC25

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No. 4,414,044

IC25

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Paislee MV Incorporated is a New York corporation with a principal place of

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business located at 247 W. 38th St., 3rd Floor, New York, NY 10018. Paislee MV

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Incorporated engages, inter alia, in the retail and wholesale of apparel.
The Adoni Group, Inc. dba paisleeltd.com, is a New York corporation with a

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principal place of business located at 247 W. 38th St., 3rd Floor, New York, NY

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10018. The Adoni Group, Inc. engages, inter alia, in the retail and wholesale of

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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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apparel.
This Court has jurisdiction over Paislee and over the subject matter at issue

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in this action. Paislee consents to jurisdiction of this Court for the purpose of

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construing, executing and enforcing this Consent Judgment and Permanent

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Injunction, and this Court retains jurisdiction for this purpose.

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Paislee and each of its members, officers, directors, agents, employees,

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subsidiaries, affiliates, partners, predecessors, successors and/or other related

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companies (the “Paislee Parties”) are permanently enjoined, as of January 28, 2014,

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from manufacturing, advertising, marketing, promoting, offering to sell, selling or

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otherwise distributing headgear, men’s and women’s fashion and jewelry bearing

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the word “dope” in the United States, through any means whatsoever, including but

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not limited to through any website or physical stores and/or through any third

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parties. However, nothing restricts Paislee from using “dope” descriptively.

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Paislee will, within 5 days of the execution of the Settlement Agreement,

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provide a copy of the Consent Judgment and Permanent Injunction to each of its

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members, officers, directors, agents, employees, subsidiaries, affiliates,

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predecessors, successors and/or other related companies and all such persons who

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receive actual notice of this Consent Judgment by personal service or otherwise, are

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permanently enjoined as set forth above.
60737069.2

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CONSENT JUDGMENT
AND PERMANENT INJUNCTION

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Paislee shall make the settlement payment to Third Estate as set forth in the
parties’ Settlement Agreement.
The provisions of this Consent Judgment and Permanent Injunction shall be
deemed to extend to and inure to the benefit of the Parties’ respective successors-in-

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interest, assigns, transferees, grantees, and representatives, and to extend to and

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obligate the Parties’ respective successors-in-interest, assigns, transferees, grantees,

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heirs, executors, administrators and representatives.

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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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The Parties represent that they are duly authorized to execute and enter into
this Consent Judgment and Permanent Injunction.
We hereby consent to entry of this Consent Judgment and Permanent
Injunction:
Dated: February ___, 2014

PAISLEE MV INCORPORATED

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By:
Name:
Its:

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________

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Dated: February ___, 2014

THE ADONI GROUP, INC. DBA PAISLEELTD.COM

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By:
Name:
Its:

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________

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Dated: February ___, 2014

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THIRD ESTATE LLC, DBA DOPE AND DOPE
COUTURE
By:
Name: Matte Fields
Its: Owner

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________

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CONSENT JUDGMENT
AND PERMANENT INJUNCTION

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60737069.2

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Approved as to form:

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Dated: February ___, 2014

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ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
By:
David Martinez
Attorneys for Plaintiff, Third Estate LLC, dba
Dope and Dope Couture

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Dated: February ___, 2014

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L OS A NGELES

MISKIN & TSUI-YIP LLP
By:
Gloria Tsui-Yip, Esq. (NY Bar No. 2820413)
Not Admitted in the U.S.D.C. Central District
Attorneys for The Adoni Group, Inc. dba
paisleeltd.com and Paislee MV Incorporated

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A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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The Court shall retain jurisdiction to enforce the terms of the parties’
Settlement Agreement and of this Consent Judgment and Permanent Injunction.

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IT IS SO ORDERED.

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Dated: February 27, 2014

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_________________/s/____________________
The Honorable Fernando M. Olguin
UNITED STATES DISTRICT COURT JUDGE

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60737069.2

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CONSENT JUDGMENT
AND PERMANENT INJUNCTION