Verragio, Ltd. v. Kim International

Filing 35

CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST KIM INTERNATIONAL 34 by Judge Dolly M. Gee. Plaintiff Verragio, Ltd. ("Verragio"), and Defendant Kim International Manufacturing L.P. erroneously sued as Kim International ("Kim& quot;), have entered into a confidential settlement agreement to resolve this matter. As part of this agreement, Verragio and Kim agree to the entry of this Consent Judgment and Permanent Injunction against Kim. (See attached document for details.) (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 VERRAGIO, LTD
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Plaintiff,
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v.

14 KIM INTERNATIONAL,
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Defendant.

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Case No.: CV 15-3218-DMG (MRWx)
CONSENT JUDGMENT AND
PERMANENT INJUNCTION
AGAINST KIM INTERNATIONAL
[34]

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Plaintiff Verragio, Ltd. (“Verragio”), and Defendant Kim International

18 Manufacturing L.P. erroneously sued as Kim International (“Kim”), have entered into a
19 confidential settlement agreement to resolve this matter. As part of this agreement,
20 Verragio and Kim agree to the entry of this Consent Judgment and Permanent Injunction
21 against Kim.
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Therefore, it is hereby ORDERED, ADJUDGED and DECREED as follows:

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1.

This case is a civil action arising under the Copyright Act, 17 U.S.C. §§ 101,

24 et seq. This Court has jurisdiction over these claims under 17 U.S.C. § 501, and 28
25 U.S.C. §§ 1331 and 1338(a).
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2.

Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and 1400(a).

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3.

Verragio is a New York corporation with its principal place of business at

28 330 Fifth Avenue, 5th Floor, New York, NY 10001.

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4.

Kim has its principal place of business at 14840 Landmark Blvd., Dallas, TX

2 75254.
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5.

At all relevant times, Verragio complied in all respects with the Copyright

4 Acts, 17 U.S.C. § 101 et seq., and secured the exclusive rights and privileges in and to the
5 copyrights of Insignia-7003 (VAu 996-688), Insignia-7047 (VA 1-798-116), and
6 Venetian-5001R (VAu 1-049-916) (collectively the “Verragio Copyrights”). Copies of
7 the Certificates of Registration from the Register of Copyrights for the Verragio
8 Copyrights, as well as the deposit copies of the Verragio Copyrights, are attached to this
9 Consent Judgment as Exhibit A.
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6.

The Verragio Copyrights are valid, strong and enforceable.

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7.

Kim and Kim’s officers, directors, employees, representatives, agents,

12 successors-in-interest, parent corporations, subsidiary corporations, legal entities or
13 persons controlled by Kim, and all other persons who are in active concert or
14 participation with them, are hereby permanently enjoined from:
a.

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Copying or making unauthorized use of, or engaging in any

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unauthorized distribution of products protected by the Verragio Copyrights or rings

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that are substantially similar to the Verragio Copyrights;
b.

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Selling, distributing, advertising, manufacturing or purchasing Kim

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Ring Style Nos. 115076, 115077, 115078, 115079, 115081, 115082, 115172,

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115177, 115188, 115189, 116017, 117482, 117490, 117491, 117540, 117541,

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117542, 117543, 117544, 117545, 117660, 117803, 117804, 117805, 118267,

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118268, 118269, 118270 and 118271 (collectively, the “Kim Rings”) or any rings

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substantially similar to the Kim Rings; and
c.

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Knowingly assisting, aiding or abetting any other person or business

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entity in engaging in or performing any of the activities referred to in

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subparagraphs 7(a) through 7(b) above.

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8.

Within thirty days of the date of this Order, Kim shall destroy all of the Kim

28 Rings in its possession.
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9.

The parties waive notice of entry of this Consent Judgment and Permanent

2 Injunction and the right to appeal therefrom or to test its validity and consent to its
3 immediate entry in accordance with its terms. This Court expressly retains jurisdiction
4 over this matter to enforce, implement or construe this Consent Judgment and Permanent
5 Injunction.
6 IT IS SO ORDERED.
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8 DATED: April 18, 2016
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______________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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EXHIBIT A

Certificate of Registration
This Certificate issued under the seal'ofthe Copyright
Office in accordance with title i7, United States Code,
attests that registration has been made for the work
identified below. The information on thiS certificate has
been made a part ofthe Copyright Office records.

sTATt
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9
$

y.

Registration Number:

VALI 996-688

• 1 70

Register

Copyrights,United States of America

Bffective date of
registration: .
June 9,1008

Title
Title of Work: INS-7003
Nature ofWork: Jewelry Design

Completion/ Publication
Year ofCompletion: 2008

Author
•

Author: Barry Nisguretsky
Author Created: Jewelry design

Work made for hire: No
Citizen of: United States
Year Born: 1966
PseudonYmous: No

Anonymous: No

Copyright,claimant
Copyright Claimant: Barry Nisguretsky
c/o Vetragio, 132 W.36th St,8th Floor, New York,

10018

Limitation of copyright claim
Previously registered: No

Certification
Name: Barry Nisguretsky
Date: June 12,2008

Exhibit A
Page 5

Page-1 of 1

Exhibit A
Page 6

Certificate of Registration
This Certificateissued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests-that registration has been made for the work
identified below. The information on this certificate has
_ been made a part of the Copyright Office records.

Registration Number

VA 1-798-116
Effective date of
registration:

Register ofCopyrights,United States of America

January 3,2012

Title
Title of Work: INS-7047

Completion/Publication
Year of Completion: 2009
Date of1st Publication: January 4,2010

Nation Of 1st Publicaiion: United States

Author
s

Author: Barry Nisguretsky
Author Created: jewelry design
Domiciled in: United States

Citizen of: United States

Copyright claimant
Copyright Claimant: Barry Nisguretsky
132 West 36th street, New York

Certification
Name: Barry Nisguretsky
Date: January 3,2012

Page 1 of 1

Exhibit A
Page 7

Exhibit A
Page 8

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below.The information on this certificate has
been made a part ofthe Copyright Office records.

v sTATt

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-/

AZ?

a

Registration Number

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VAu

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' 870
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Acting Register of Copyrigl-ts,United States of America

1-049-916

Effective date of
registration:
December 8,2010

Title
Title of Work: AFN-5001R

Completion/Publication
Year of Completion: 2010

Author
Author: Barry Nisguretsky
Author Created: jewelry design
Work made for hire: No
Citizen of: Unite States

Domiciled in: United States

Year Born: 1966

Copyright claimant
-Copyright Claimant: Barry Nisguretslcy
132 west 36th street, 8th floor, new york, NY,10018,United States

Rights and Permissions
Organizatioti Namei

Verragio

Name: Barry Nisguretsky
[e-mail]

Telephone:

212-868-8181

Addres: 132 west 36th street
8th floor
new york, NY 10018 United States

Certification
Name: Barry Nlsguretsky
Date: November 30,2010

Page 1 of 1

Exhibit A
Page 9

Exhibit A
Page 10