Gucci America Inc v. Tango Collection Inc et al

Filing 33

STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Christina A. Snyder: Upon Stipulation 32 , ORDERED, ADJUDGED AND DECREED that Defendants Tango Collection, Inc., a California corporation, and Khaled Tehfe a/k/a Henry, an individua l, individually and jointly, d/b/a Pavini Jeans d/b/a Pavini d/b/a Tango Collection, and their officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and en joined re Gucci Mark, etc. The parties' respective attorney's fees and costs incurred in connection with this action shall be borne as per the agreement of the individual parties in their Settlement Agreement. All products bearing the Gucci Mark at issue currently in the possession, custody and/or control of the Defendants required to be surrendered to Gucci under the terms of the parties' settlement as well as all products surrendered by the Defendants during the Court authorized seizure, shall be destroyed at the direction of Gucci. See document for details. (gk)

1

VEATCH CARLSON, LLP

(SPACE BELOW FOR FILING STAMP ONLY)

A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS

2

700 SOUTH FLOWER STREET, 22nd FLOOR
LOS ANGELES, CALIFORNIA

3

90017-4209

TELEPHONE [phone]
FACSIMILE [phone]

4
5

Kevin R. Lussier (State Bar No. 143821)
Kim D. Ashley (State Bar No. 253160))

6

E-Mail: [e-mail]
E-Mail: [e-mail]

7
8

Attorneys for Plaintiff GUCCI AMERICA, INC.

9
10

THE UNITED STATES DISTRICT COURT

11

FOR THE CENTRAL DISTRICT OF CALIFORNIA

12
13
14

GUCCI AMERICA, INC.,
a New York corporation,
Plaintiff,

15
16

v.

TANGO COLLECTION, INC., a
California corporation, and KHALED
18
TEHFE a/k/a HENRY, an individual,
19 individually and jointly, d/b/a Pavini
Jeans d/b/a Pavini d/b/a Tango
20
Collection, DOES 1-10,
17

21
22
23
24
25
26

Defendants.

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

Case No. CV 14-6682-CAS-PLAx

STIPULATED CONSENT FINAL
JUDGMENT AND PERMANENT
INJUNCTION

Plaintiff, Gucci America, Inc. (“Gucci” or “Plaintiff”) and Defendants Tango
Collection, Inc., a California corporation, and Khaled Tehfe a/k/a Henry, an
individual, individually and jointly, d/b/a Pavini Jeans d/b/a Pavini d/b/a Tango
Collection (collectively, the “Defendants”) stipulate and consent to the following:

27
28
1
STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION

1

WHEREAS, Gucci owns the below identified registered trademark:

2
3

Trademark

4

Registration Registration Class(es)/Goods
Number
Date

5
6
7

4,379,039

8

August 6,
2013

9
10
11
12
13

IC 025 - Shorts, pants,
jeans, leggings, t-shirts,
polo shirts, shirts,
sweaters, sweatshirts,
dresses, skirts,
swimwear, one piece
garments for infants and
toddlers, cloth bibs,
scarves, ties, hats,
gloves, suspenders, belts

WHEREAS, without the admission of any liability, the parties have amicably
resolved their dispute to each of their satisfaction; and

14
15

WHEREAS, based upon Gucci’s good faith prior use of the Gucci Mark,

16

without the admission of any liability, Gucci has superior and exclusive rights in and

17

to the Gucci Mark in the United States and any confusingly similar name or mark.

18

IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:

19

1.

The Defendants and their officers, agents, servants, employees and

20

attorneys, and all persons in active concert and participation with them are hereby

21

permanently restrained and enjoined from intentionally and/or knowingly:

22

A.

manufacturing or causing to be manufactured, importing,

23

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

24

counterfeit and infringing goods bearing the Gucci Mark;

25

B.

unauthorized goods;

26
27
28

using the Gucci Mark in connection with the sale of any

C.

using any logo, and/or layout which may be calculated to falsely
advertise the services or products of the Defendants as being
2

STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION

1

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

2

with the Plaintiff;

3

D.

Plaintiff, through sponsorship or association,

4
5

falsely representing the Defendants as being connected with the

E.

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

6

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

7

services of the Defendants are in any way endorsed by, approved

8

by, and/or associated with the Plaintiff;

9

F.

using any reproduction, counterfeit, copy, or colorable imitation of

10

the Gucci Mark in connection with the publicity, promotion, sale,

11

or advertising of any goods sold by the Defendants, including,

12

without limitation, clothing products, including shirts;

13

G.

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

14

any goods, a false description or representation, including words or

15

other symbols tending to falsely describe or represent Defendants’

16

goods as being those of Plaintiff, or in any way endorsed by

17

Plaintiff;

18

H.

competing with the Plaintiff;

19
20

offering such goods in commerce; and from otherwise unfairly

I.

secreting, destroying, altering, removing, or otherwise dealing with

21

the unauthorized products or any books or records which contain

22

any information relating to the importing, manufacturing,

23

producing, distributing, circulating, selling, marketing, offering for

24

sale, advertising, promoting, renting or displaying of all

25

unauthorized products which infringe the Gucci Mark; and

26

J.

effecting assignments or transfers, forming new entities or

27

associations or utilizing any other device for the purpose of

28

circumventing or otherwise avoiding the prohibitions set forth in
3
STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION

subparagraphs (A) through (I).

1
2

2.

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

3

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

4

Settlement Agreement.

5
6
7

3.

This Court will retain continuing jurisdiction over this cause to enforce

the terms of this Consent Final Judgment and Permanent Injunction.
4.

All products bearing the Gucci Mark at issue currently in the possession,

8

custody and/or control of the Defendants required to be surrendered to Gucci under

9

the terms of the parties’ settlement as well as all products surrendered by the

10

Defendants during the Court authorized seizure, shall be destroyed at the direction of

11

Gucci.

12
13

IT IS SO ORDERED.

14
15

Dated: March 25, 2015
_________________________________
Christina A. Snyder
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
4

STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION