Guess Retail, Inc. et al v. Natalie Angeles et al

Filing 13

CONSENT JUDGMENT by Judge R. Gary Klausner: Judgment in favor of Guess IP Holder LP, Guess Inc, Guess Retail Inc., against Bonita's Guess, Natalie Angeles. Please see Judgment for details. (MD JS-6. Case Terminated ) (cr) Modified on 7/2/2015 (cr).

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DAVID A. DILLARD, CA Bar No. 97515
[e-mail]
DREW WILSON, CA Bar No. 283616
[e-mail]
SAMI I. SCHILLY, CA Bar No. 301653
[e-mail]
CHRISTIE, PARKER & HALE, LLP
655 N. Central Avenue, Suite 2300
Glendale, California 91203-1445
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs,
Guess? Retail, Inc., Guess? IP Holder L.P. and Guess?, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GUESS? RETAIL, INC., a Delaware
corporation, GUESS? IP HOLDER
L.P., a Delaware limited partnership,
and GUESS?, INC., a Delaware
corporation,
Plaintiffs,
vs.

Case No. 2:15-cv-04730-RGK (JPRx)
FINAL CONSENT JUDGMENT
AND PERMANENT
INJUNCTION AGAINST
NATALIE ANGELES AND
BONITA’S GUESS
Hon. R. Gary Klausner

NATALIE ANGELES, an individual
and BONITA'S GUESS, an unknown
business entity,
Defendants.

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-1CHRISTIE, PARKER & HALE, LLP

JS-6

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Plaintiffs Guess? Retail, Inc., Guess? IP Holder L.P. and Guess?, Inc.

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(“Guess” or “Plaintiffs”) and Defendants Natalie Angeles and Bonita’s GUESS

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(collectively “Bonita’s GUESS” or “Defendants”) consent and agree to the terms

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and conditions of this Final Consent Judgment and Permanent Injunction.

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IT

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FOLLOWS:

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1.

IS

HEREBY

ORDERED,

ADJUDGED,

AND

DECREED

AS

The Court has personal jurisdiction over each of the parties to this

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action. The Court also has subject matter jurisdiction over this action pursuant to

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28 U.S.C. §§ 1331, 1338 and 1367. Venue is proper in this Judicial District

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pursuant to 28 U.S.C. § 1391(b).
2.

Guess? Retail, Inc., is a Delaware corporation with its principal place

of business located in Los Angeles, California.
3.

Guess? IP Holder L.P., is a Delaware limited partnership with its

principal place of business located in Los Angeles, California.
4.

Guess?, Inc. is a Delaware corporation with its principal place of

business located in Los Angeles, California.

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5.

Natalie Angeles is a resident of California.

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6.

Bonita’s GUESS is a DBA with its principal business address at

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2111 Pacific Ave, Long Beach, California 90806.
7.

Guess has asserted claims against Defendants accusing Defendants

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of federal trademark infringement pursuant to 15 U.S.C. § 1114; trademark

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dilution pursuant to 15 U.S.C. § 1125(c); false designation of origin or

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sponsorship pursuant to 15 U.S.C. § 1125(a) and for state law claims for

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trademark infringement and unfair competition.

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8.

Defendants agree that Guess has common law rights in the marks

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GUESS, GUESS? And GUESS' triangle trademark shown below and that these

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marks are famous.

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-2CHRISTIE, PARKER & HALE, LLP

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Guess Triangle Trademark
9.

Defendants further agree that the following United States Trademark

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Registration’s (“Guess’ Trademarks”) are owned by Guess and are valid and

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enforceable:

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REG./APPL
. NO.
1,271,896

REG.
DATE

GUESS? and
Design

1,299,580

10/9/1984

1,465,363

11/17/1987

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GUESS? and
Design
GUESS?
GUESS and
Design

1,427,405
1,445,261

2/3/1987
6/30/1987

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GUESS

1,433,022

3/17/1987

GUESS and
Design

1,458,438

9/22/1987

GUESS? and
Design
GUESS

1,546,993

7/11/1989

1,704,002

7/28/1992

MARK

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GUESS? and
Design

3/27/1984

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GOODS DESCRIPTION
Men's And Women's Pants And Jumpsuits, And
Women's Blouses, Skirts, Shorts, Vests, Jackets
And Dresses.
Men's, and Women's Pants, Jumpsuits, Jackets,
Vests, Shirts and Shorts; Women's Blouses,
Skirts and Dresses; Boy's and Girl's Pants,
Jumpsuits, Vests, Jackets and Shirts; and Girl's
Blouses and Dresses.
Clocks And Watches.
Clocks And Watches.
Men's Women's And Children's Apparel,
Namely, Skirts, Pants, Shorts, Vests, Jackets
And Jeans.
Men's, Women's And Children's Clothing Namely, Jeans, Suits, Coats, Jackets, Shirts,
Blouses, Vests, Dresses, Skirts, Shorts,
Jumpsuits, Overalls, Sweatshirts, T-Shirts,
Sweaters, Trousers, [Stockings,] Socks [And
Tights].
Men's, Women's, And Children's Apparel
Namely, Jeans, [ Suits, ] Coats, Jackets, Shirts,
[ Blouses, Vests, ] Shorts, [ Jumpsuits,
Overalls, ] Skirts, Dresses, Sweatshirts, TShirts, Sweaters And Trousers.
Perfume.
Eau De Toilette, Perfume, Cologne, After
Shave Lotion, Skin Moisturizer, Body Powder,
Bath And Shower Gel, [ Talc Lotion, Body
Glace Splash ].

-3CHRISTIE, PARKER & HALE, LLP

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GUESS

1,765,883

4/20/1993

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Backpacks, Briefcases, Tote Bags, Book Bags,
Travel Bags, Duffel Bags And Cloth Shopping
Bags

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Apparel

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GUESS? and
Design
GUESS

1,978,398

6/4/1996

2,077,475

7/8/1997

GUESS? And
Design

2,333,738

3/21/2000

GUESS?

2,308,468

1/18/2000

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Retail Store Services Specializing In The Sale
Of Apparel And Accessories.
Jewelry; Cuff-Links; Tie Clips.
Watches; Clocks; Jewelry; Cuff-Links; Tie
Clips.
Providing Information Through A Wide Area
Computer Network Pertaining To Fashion [
And Personal Advice ].
Eyeglass Frames, Sunglasses, Eyeglass Cases,
Eyeglass Chains;
Watches, Clocks, Jewelry, Bracelets, Earrings,
Cuff-Links, Tie Clips;
And School Supplies, Namely, Binders,
Notebooks, Composition Books, File Folders,
Note Pads, Pencil Holders, Agenda/Day
Planners, Photo Albums, Envelopes And
Writing Paper, Index Books, Agendas, Open
Portfolio Covers For Stationery Type Portfolios
And Calendars, Note Jotters;
Book Bags, Backpacks, Handbags, Wallets,
Tri-Fold Billfolds, Hip-Fold Billfolds, Credit
Card Cases, Credit Card Money Folds, Travel
Kit Bags Sold Empty, Luggage, Purses, Coin
Purses, Cosmetic Cases, Tote Bags, Carry-On
Tote Bags, Briefcases, Travel Bags, Duffel
Bags, Cloth Shopping Bags, And Small Leather
Articles, Namely, Key Cases, Tie Cases And
Key Fobs;

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Full Line Of Men's, Women's, Boys', Girls',
Children's And Infant's Apparel, Namely,
Undwear, Footwear, Swimwear, Caps,
Headwear, Aprons, Robes, Pajamas, Hosiery,
Gloves, Suspenders, Belts, Neckties, Women's
Panties, Bras, Tank Tops, Crop Tops, Bustiers,
Camisoles, Tap Pants, Teddies, Men's Briefs,
Boxer Shorts, Under Shirts, Socks, Shirts, TShirts, Sweatpants, Sweatshirts, Knit Tops,
Skirts, Pants, Trousers, Shorts, Sweaters, Jeans,
Vests, Coats, Jackets, Overalls, Blazers,

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Dresses, Scarves, Blouses, Cardigans, Gowns,
Golf Shirts, Jogging Suits, Turtlenecks, Suits,
And Polo Shirts;

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Buttons For Clothing;

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Retail Store Services In The Field Of Apparel
And Accessories, And, Home Furnishings,
Providing On-Line Pricing And Descriptive
Information Relating To Applicant's Products,
And Providing An On-Line Photographic
Gallery.

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GUESS

2,370,424

7/25/2000

GUESS
KIDS
GUESS

2,794,886

12/16/2003

2,959,818

6/7/2005

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10.

On-Line Retail Store Services, In The Field Of
Clothing And Accessories Rendered Through A
Global Computer Network
Retail Store Services In The Field Of Apparel
And Personal Accessories.
Cloth Patches For Clothing, Embroidered
Patches For Clothing, Ornamental Cloth
Patches, Patches For Repairing Textile Articles;
Cloth Labels, Embroidered Labels.

Defendants have infringed Guess’ Trademarks by using Guess’

Trademarks without permission as a business name, on signage on the front of
their principle place of business, on signage inside their principle place of
business, on social media, on fliers, on the internet, and on various other channels
of advertisement.
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Defendants agree to immediately destroy all advertising using

Bonita's GUESS, GUESS, GUESS?, Guess’ triangular trademark, including, but
not limited to signage on the front of their principle place of business, signage
inside their principle place of business, at retail kiosks, on social media, fliers, on
the internet and on whatever other channels of advertisement that they made use
of Guess’ Trademarks, including but not limited to point of sale materials,
invoices, purchase orders and business cards.
12.

Defendants agree they will not market, advertise, distribute, promote

or sell any product in the future with any mark that is identical or substantially

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-5CHRISTIE, PARKER & HALE, LLP

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identical to or which contains Guess’ Trademarks, regardless of whether the

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product is authentic Guess brand merchandise.

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Defendants agree to destroy all of their inventory of products that

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bear Guess’ Trademarks, regardless of whether the products are authentic Guess

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brand merchandise. Alternatively, Defendants may donate their inventory of

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products that bear Guess' Trademarks, regardless of whether the products are

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authentic Guess brand merchandise, to one or more persons for their personal use

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and who agree not to resell the products.

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14.

Defendants and their respective parents, subsidiaries, affiliates,

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officers, agents, servants, employees, attorneys, and those persons in active

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concert or participation who receive actual notice of this injunction by personal

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service or otherwise (“Enjoined Parties”), consent and agree and are permanently

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enjoined as follows:

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a. The Enjoined Parties shall not market, advertise, distribute,

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promote or sell any product with any mark that is identical or

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substantially identical to or which contains any of Guess’

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Trademarks.

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b. The Enjoined Parties shall not market, advertise or promote their

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business or any parent, subsidiary, or affiliate businesses with any

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mark that is identical or substantially identical to or which

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contains any of Guess’ Trademarks.

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15.

This Court shall retain jurisdiction of this matter for all purposes,

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including for the purpose of enforcing the terms and provisions of this Final

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Consent Judgment and Permanent Injunction.

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16.

The parties agree to submit to the personal jurisdiction of this Court

in connection with this matter for all purposes.

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17.

Each party shall bear its own costs and attorneys’ fees.

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18.

This is a final judgment. Any remaining claims set forth in the
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CHRISTIE, PARKER & HALE, LLP

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Complaint are hereby dismissed with prejudice.

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final judgment.

Defendants waive all right to appeal, and agree not to appeal this

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED

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Date: July 02, 2015

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________________________________
Hon. R. Gary Klausner
United States District Judge

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GHK PAS1363510.1-*-06/25/15 10:02 AM

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-7CHRISTIE, PARKER & HALE, LLP