Sweet People Apparel, Inc. et al v. Watch L.A. Jeans & Sportswear et al

Filing 28

ORDER GRANTING STIPULATION FOR ENTRY OF CONSENT PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 27 filed by Judge Ronald S.W. Lew. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. (MD JS-6. Case Terminated) (jre)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

JOHN C. ULIN (State Bar No. 165524)
[e-mail]
ERIC D. MASON (State Bar No. 259233)
[e-mail]
LOUIS S. EDERER (Pro Hac Vice)
[e-mail]
MATTHEW T. SALZMANN (Pro Hac Vice)
[e-mail]
ARNOLD & PORTER LLP
777 South Figueroa Street, 44th Floor
Los Angeles, California 90017-5844
Telephone: [phone]
Facsimile: [phone]

JS-6

Attorneys for Plaintiffs
Sweet People Apparel, Inc. d/b/a Miss Me
and RCRV, Inc. d/b/a Rock Revival
MATTHEW L. SEROR (State Bar No. 235043)
[e-mail]
BUCHALTER NEMER
A Professional Corporation
1000 Wilshire Blvd., Suite 1500
Los Angeles, California 90017-2457
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Watch L.A. Jeans & Sportswear
d/b/a Watch L.A. and Pierre D. Mitri
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
WATCH L.A. JEANS &
SPORTSWEAR d/b/a WATCH L.A., )
)
a business entity of form unknown,
PIERRE D. MITRI, an individual, and )
)
JOHN AND JANE DOES 1-10,
)
)
Defendants.
)
SWEET PEOPLE APPAREL, INC.
d/b/a MISS ME, a California
corporation, and RCRV, INC. d/b/a
ROCK REVIVAL, a California
corporation,

Case No.: 2:14-cv-07399-RSWL (SHx)
Hon. Ronald S.W. Lew
ORDER GRANTING STIPULATION
FOR ENTRY OF CONSENT
PERMANENT INJUNCTION AND
VOLUNTARY DISMISSAL OF
ACTION WITH PREJUDICE

1

WHEREAS, Plaintiff Sweet People Apparel, Inc. d/b/a Miss Me (“Sweet

2

People”) is the owner of U.S. copyright registrations for its Wing Design (U.S.

3

Copyright Registration No. VA 1-733-502 and Supplementary Registration No. 1-

4

432-644); Double Wing Design (U.S. Copyright Registration No. VA 1-802-210);

5

and Vintage White Wing Design (U.S. Copyright Registration No. VA 1-920-749)

6

(collectively referred to as the “Sweet People Copyrighted Designs”), copies of the

7

registration certificates for and photographs of the Sweet People Copyrighted Designs

8

as used on MISS ME jeanswear, being attached hereto as Exhibit A; and

9

WHEREAS, Plaintiff RCRV, Inc. d/b/a Rock Revival (“RCRV”) is the owner

10

of a federally registered design trademark used on and in connection with its ROCK

11

REVIVAL line of jeanswear products, namely, a distinctive inverted fleur-de-lis

12

pocket design (the “INVERTED FLEUR-DE-LIS DESIGN Trademark”), a copy of

13

the registration certificate for the INVERTED FLEUR-DE-LIS DESIGN Trademark,

14

as well as a photograph of such mark as used on ROCK REVIVAL jeanswear, being

15

attached hereto as Exhibit B; and

16

WHEREAS, on September 22, 2014, Sweet People and RCRV (collectively

17

“Plaintiffs”) filed a complaint against Watch L.A. Jeans & Sportswear d/b/a Watch

18

L.A. (“Watch L.A.”) and Pierre D. Mitri (“Mitri”) (collectively “Defendants”) in this

19

action (the “Civil Action”), seeking injunctive relief and damages for acts of willful

20

copyright infringement, willful trademark infringement and counterfeiting, false

21

designation of origin, and unfair competition, arising out of Defendants’ creation,

22

design, manufacture, purchase, importation, distribution, promotion, offer for sale

23

and/or sale of certain jeanswear products bearing designs (the “Accused Designs”)

24

that, Plaintiffs’ alleged, infringe their rights in and to the Sweet People Copyrighted

25

Designs and RCRV’s INVERTED FLEUR-DE-LIS DESIGN Trademark (the

26

“Accused Products”), photographs of the Accused Products being attached hereto as

27

Exhibit C; and

28
-2-

WHEREAS, the parties entering into this Consent Permanent Injunction and

1
2

Voluntary Dismissal of Action With Prejudice (the “Consent Permanent Injunction”)

3

are Sweet People, RCRV, Watch L.A. and Mitri (each individually a “Party” and

4

collectively the “Parties”); and
WHEREAS, the Parties herein having entered into a Settlement Agreement;

5
6

and

7

WHEREAS, the Parties hereto desire to fully settle all of the claims in this

8

Civil Action among the Parties to this Consent Permanent Injunction without the

9

admission of liability on the part of any Party; and

10

WHEREAS, the Parties have submitted to the Court’s jurisdiction; and

11

WHEREAS, the Parties have been afforded the opportunity to consult with

12

attorneys of their own choice in connection with the settlement of this action; and

13
14
15
16
17

WHEREAS, the Parties have consented to the entry of this Consent Permanent
Injunction in full and final resolution of the Civil Action; and
WHEREAS, the Court having jurisdiction over the subject matter of this action
and over the Parties, and venue in this action being proper in this judicial district.
The Parties hereby stipulate to the entry by this Consent Permanent Injunction

18

ordering that:

19

1.

Subject to Paragraph 2 herein, Defendants and their agents, affiliates,

20

divisions, parents, subsidiaries, related companies, officers, directors, shareholders,

21

principals, employees, and all natural or legal persons acting on their behalf, or in

22

concert with any of them, shall be PERMANENTLY ENJOINED and

23

RESTRAINED from the date of this Consent Permanent Injunction from attempting

24

to do or causing to be done, directly or indirectly, by any means, method, or device

25

whatsoever, or by any person or persons whomsoever, the following acts:

26
27

(a)

creating, designing, manufacturing, importing, exporting,

distributing, supplying, advertising, marketing, promoting, purchasing, offering for

28
-3-

1

sale and/or selling any garments bearing any of the Accused Designs, including,

2

without limitation, the Accused Products;
(b)

3

creating, designing, manufacturing, importing, exporting,

4

distributing, supplying, advertising, marketing, promoting, purchasing, offering for

5

sale and/or selling any garments bearing any design or combination of design

6

elements that is substantially similar to any of the Sweet People Copyrighted

7

Designs;
(c)

8
9

creating, designing, manufacturing, importing, exporting,

distributing, supplying, advertising, marketing, promoting, purchasing, offering for

10

sale or selling any garments that contain any design or combination of design

11

elements that is confusingly similar to RCRV’s INVERTED FLEUR-DE-LIS

12

DESIGN Trademark; and
(d)

13

engaging in any activity constituting unfair competition with

14

RCRV, or acts and practices that deceive the public and/or the trade, including,

15

without limitation, the use of design elements and designations associated with

16

RCRV.

17

2.

Notwithstanding Paragraph 1 above, Defendants shall be permitted to

18

sell-off their remaining inventory of Accused Products (5,559 units) through and

19

including June 1, 2016, but only in Ecuador, Columbia, Venezuela, Curacao and St.

20

Martin and nowhere else.

21

3.

Except to the extent relief is granted on Plaintiffs’ Complaint through the

22

entry of this Consent Permanent Injunction, this action shall be deemed dismissed

23

with prejudice.

24

4.

The Court retains jurisdiction of this action for the purpose of enforcing

25

the provisions of this Consent Permanent Injunction by way of contempt motion or

26

otherwise.

27

5.

The Parties waive any right to appeal this Consent Permanent Injunction.

28
-4-

1
2

6.

Each Party shall bear its own costs and attorneys’ fees related to this

action.

3
4
5
6

IT IS SO ORDERED.

RONALD S.W. LEW

Dated: 10/07/15

_______________________________
The Honorable Ronald S.W. Lew
Senior United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT A

1

EXHIBIT A

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 7

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 8

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 11

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PAGE 13

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT B

1

EXHIBIT B

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT B
PAGE 14

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT B
PAGE 15

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT C

1

EXHIBIT C

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT C
PAGE 16

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT C
PAGE 17

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT C
PAGE 18

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT C
PAGE 19