Chrome Hearts LLC v. Black Jackal Designs Limited et al

Filing 21

ORDER DISMISSING CASE by Judge John A. Kronstadt: Order re Consent Judgment Including Permanent Injunction and Voluntary Dismissal of Action with Prejudice. See Order for details. Case Terminated. Made JS-6. (cr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) CASE NO. 2:14-CV-06800-JAK (PLAx)
)
) ORDER RE CONSENT JUDGMENT
) INCLUDING PERMANENT
) INJUNCTION AND VOLUNTARY
Plaintiff,
) DISMISSAL OF ACTION WITH
vs.
) PREJUDICE
)
BLACK JACKAL DESIGNS LIMITED ) JS-6
dba DOGSTONE LONDON; and DOES )
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1-10, inclusive,
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Defendants.
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CHROME HEARTS LLC, a Delaware
Limited Liability Company,

WHEREAS, Plaintiff Chrome Hearts LLC (“Chrome Hearts”) has filed a
Complaint in this action charging Defendant Black Jackal Designs Limited dba
Dogstone London (“Dogstone) with Trademark Infringement, False Designations of
Origin, Unfair Competition under federal, state, and common law arising from
Dogstone’s manufacture, production, distribution, promotion, advertisement, offering
for sale, and/or sale of products bearing a mark that Chrome Hearts alleges to be
substantially indistinguishable/nearly identical to one or more of the Chrome Hearts
Marks; and
WHEREAS, Chrome Hearts is the owner of the word mark “CHROME
HEARTS” and various composite trademarks comprising said mark and assorted
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ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE

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design components, including those shown below (hereinafter collectively the

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“Chrome Hearts Marks”); and

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Mark

U.S. Registration No(s).
3,385,449

Jewelry, namely, bracelets, rings,
watch bands, necklaces and lighters
made of precious metals

3,365,408

Retail store services in the field of
jewelry, clothing, handbags,
eyewear, home furnishings, bed
linen and toys.

3,605,860

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Goods/Services

Jewelry, namely, rings, earrings,
pendants, necklaces, bracelets, cuff
bracelets, cuff links, watch
bracelets and key rings made of
precious metals

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CH Plus Mark

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CH Cross Mark
WHEREAS, the parties herein have simultaneously entered into a Settlement
Agreement and Mutual Release; and
WHEREAS, the parties hereto desiring to fully settle all the claims in this
action among the parties to this Final Judgment; and
WHEREAS, Dogstone has agreed to consent to the below terms of a permanent
injunction, IT IS HEREBY ORDERED that:
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This Court has jurisdiction over the parties to this Final Consent Judgment

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

Dogstone and its agents, servants, employees and all persons in active

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

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Judgment are hereby permanently restrained and enjoined from:

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(a)

Manufacturing, purchasing, producing, distributing, circulating,

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

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shipping, marketing and/or incorporating in advertising or marketing any products that
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ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE

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bear the Chrome Hearts Marks, and/or marks/designs identical, substantially

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indistinguishable, and/or confusingly similar thereto in the United States and

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worldwide;

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(b)

Delivering, holding for sale, returning, transferring or otherwise

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moving, storing or disposing in any manner any products that bear the Chrome Hearts

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Marks, and/or any marks/designs identical, substantially indistinguishable, and/or

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confusingly similar thereto in the United States and worldwide, except as otherwise

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provided in the parties’ confidential written Settlement Agreement;

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(c)

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

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person or entity in performing any of the prohibited activities referred to in Paragraphs

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2(a) to 2(c) above.

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3.

Chrome Hearts and Dogstone shall bear their own costs and attorneys’

fees associated with this action.
4.

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

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

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have preclusive effect on those who are not a party to this action or who are not

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specifically released in the parties’ written settlement agreement, all claims against

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whom Chrome Hearts expressly reserves.

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5.

The jurisdiction of this Court is retained for the purpose of making any

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further orders necessary or proper for the construction or modification of this Final

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Consent Judgment, the enforcement thereof and the punishment of any violations

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thereof. Except as otherwise provided herein, this action is fully resolved with

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prejudice.

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IT IS SO ORDERED.

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DATED: March 26, 2015

__________________________
Hon. John A. Kronstadt
United States District Judge

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ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE