RCRV Inc v. Hidden Jeans, Inc. et al

Filing 27

ORDER GRANTING STIPULATION FOR ENTRY OF CONSENT PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 26 by Judge Terry J. Hatter, Jr. The Parties hereby stipulate to the entry by this Consent Permanent Injunction ordering that : 1. Hidden Jeans, and its agents, etc and allnatural or legal persons acting on their behalf, or in concert with any of them, shall be PERMANENTLY ENJOINED and RESTRAINED. 2. Except to the extent relief is granted on RCRV's Complaint throug h the entry of this Consent Permanent Injunction, this action shall be deemed dismissed with prejudice. 3. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Consent Permanent Injunction by way of contempt motion or otherwise. 4. The Parties waive any right to appeal this Consent Permanent Injunction. 5. Each Party shall bear its own costs and attorneys' fees related to this action. (MD JS-6. Case Terminated) (lom)

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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]
Attorneys for Plaintiff
RCRV, Inc. d/b/a Rock Revival
JAENAM COE (State Bar No. 175920)
[e-mail]
LAW OFFICES OF JAENAM COE PC
3731 Wilshire Blvd., 910
Los Angeles, California 90010
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Hidden Jeans, Inc. d/b/a Cello Jeans

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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RCRV, INC. d/b/a ROCK REVIVAL, ) Case No.: 2:15-cv-02083-TJH(ASx)
)
a California corporation,
) Hon. Terry J. Hatter, Jr.
)
Plaintiffs,
) ORDER GRANTING STIPULATION
v.
) FOR ENTRY OF CONSENT
)
HIDDEN JEANS, INC. d/b/a CELLO ) PERMANENT INJUNCTION AND
) VOLUNTARY DISMISSAL OF
JEANS, a California corporation,
XYZ COMPANIES 1-10, and JOHN ) ACTION WITH PREJUDICE [JS-6]
)
AND JANE DOES 1-10,
)
)
Defendants.
)
)
)
)
)
)
)

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

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of a federally registered design trademark used on and in connection with its ROCK
REVIVAL line of jeanswear products, namely, a distinctive inverted fleur-de-lis
pocket design (the “INVERTED FLEUR-DE-LIS DESIGN Trademark”), a copy of
the registration certificate for the INVERTED FLEUR-DE-LIS DESIGN Trademark,
as well as a photograph of such mark as used on ROCK REVIVAL jeanswear, being
attached hereto as Exhibit A; and
WHEREAS, on March 20, 2015, RCRV filed a complaint against Hidden

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Jeans, Inc. d/b/a Cello Jeans (“Hidden Jeans”) in this action (the “Civil Action”),
seeking injunctive relief and damages for alleged acts of willful trademark
counterfeiting and/or infringement, false designation of origin and unfair competition,
arising out of Hidden Jeans’ design, creation, manufacture, importation, distribution,
promotion, advertising, marketing, offer for sale and/or sale of jeanswear under the
“Cello Jeans” brand name bearing designs (the “Accused Designs”) that, RCRV
alleges, infringe its rights in and to the INVERTED FLEUR-DE-LIS DESIGN
Trademark (the “Accused Products”), photographs of the Accused Products being
attached hereto as Exhibit B; and
WHEREAS, the parties entering into this Consent Permanent Injunction and

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Voluntary Dismissal of Action With Prejudice (the “Consent Permanent Injunction”)
are RCRV and Hidden Jeans (each individually a “Party” and collectively the
“Parties”); and
WHEREAS, the Parties herein having entered into a Settlement Agreement;

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and
WHEREAS, the Parties hereto desire to fully settle all of the claims in this
Civil Action among the Parties to this Consent Permanent Injunction without the
admission of liability on the part of any Party; and
WHEREAS, the Parties have submitted to the Court’s jurisdiction; and
WHEREAS, the Parties have been afforded the opportunity to consult with
attorneys of their own choice in connection with the settlement of this action; and
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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
ordering that:
1.

related companies, officers, directors, shareholders, principals, employees, and all
natural or legal persons acting on their behalf, or in concert with any of them, shall be
PERMANENTLY ENJOINED and RESTRAINED from the date of this Consent
Permanent Injunction from attempting to do or causing to be done, directly or
indirectly, by any means, method, or device whatsoever, or by any person or persons
whomsoever, the following acts:
(a)

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sale and/or selling any garments bearing any of the Accused Designs;
(b)

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creating, designing, manufacturing, importing, exporting,

distributing, supplying, advertising, marketing, promoting, purchasing, offering for
sale or selling any garments that contain any design or combination of design
elements that is confusingly similar to RCRV’s INVERTED FLEUR-DE-LIS
DESIGN Trademark; and
(c)

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creating, designing, manufacturing, importing, exporting,

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

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Hidden Jeans, and its agents, affiliates, divisions, parents, subsidiaries,

engaging in any activity constituting unfair competition with

RCRV, or acts and practices that deceive the public and/or the trade, including,
without limitation, the use of design elements and designations associated with
RCRV.
2.

Except to the extent relief is granted on RCRV’s Complaint through the

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

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3.

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

the provisions of this Consent Permanent Injunction by way of contempt motion or
otherwise.
4.

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

5.

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

action.

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IT IS SO ORDERED.
Dated: Nov. 30, 2015

__________________________
The Honorable Terry J. Hatter, Jr.
United States District Judge

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EXHIBIT A

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EXHIBIT B

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