Sweet People Apparel Inc v. Chang Group LLC et al

Filing 79

Judgment and Permanent Injunction against Defendant Kenco Fashion Inc. by Judge Ronald S.W. Lew. Related to: NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Kenco Fashion Inc. 75 . Judgment is entered in favor of Plaintiff and against Defendant, in accordance with this Court's previous Order granting Plaintiff's Motion for Default Judgment. Statutory damages are awarded to Plaintiff in the amount of $75,000.00. Attorneys' fees and costs are further awa rded to Plaintiff in the amounts of $4,600 and $515, respectively. The Court also awards prejudgment interest at the applicable rate set by 28 U.S.C. § 1961(a) on the total judgment amount of $80,115.00. Furthermore, the Court GRANTS Plaintiff's request for entry of a permanent injunction. SEE JUDGMENT FOR FURTHER AND COMPLETE DETAILS. (Made JS6. Case Terminated) (jre)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 SWEET PEOPLE APPAREL, INC.
dba MISS ME,
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Plaintiff,
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v.
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CHANG GROUP LLC; KENCO
FASHION INC.; XYZ COMPANIES )
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1-10; and DOES 1-10,
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Defendants.
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CV 16-3139-RSWL-JPRx
Judgment and Permanent
Injunction against
Defendant Kenco Fashion
Inc.

WHEREAS, on March 22, 2017, the Court Clerk entered

22 default against Defendant Kenco Fashion Inc.
23 (“Defendant”) [72], pursuant to Federal Rule of Civil
24 Procedure 55(a),
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WHEREAS, on June 6, 2017, this Court GRANTED

26 Plaintiff Sweet People Apparel, Inc.’s (“Plaintiff”)
27 Motion for Default Judgment [78] (“Motion” or “Motion
28 for Default Judgment”),
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IT IS HEREBY ORDERED, ADJUDGED, and DECREED, upon

2 the findings of the Court, that Judgment is entered in
3 favor of Plaintiff and against Defendant, in accordance
4 with this Court’s previous Order granting Plaintiff’s
5 Motion for Default Judgment.

Statutory damages are

6 awarded to Plaintiff in the amount of $75,000.00.
7 Attorneys’ fees and costs are further awarded to
8 Plaintiff in the amounts of $4,600 and $515,
9 respectively.

The Court also awards prejudgment

10 interest at the applicable rate set by 28 U.S.C. §
11 1961(a) on the total judgment amount of $80,115.00.
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Furthermore, the Court GRANTS Plaintiff’s request

13 for entry of a permanent injunction, and IT IS HEREBY
14 ORDERED, ADJUDGED, and DECREED that Defendant, its
15 subsidiaries, affiliates, divisions, officers,
16 directors, principals, servants, employees, successors
17 and assigns, and all those in active concert or
18 participation with them, or under their direct or
19 indirect control, including all manufacturers,
20 importers, suppliers, distributors and retailers of any
21 of the AdiktD design, or any other products bearing a
22 design that is substantially similar in appearance to
23 the JP5498B Design, are permanently enjoined from:
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a.

Copying, imitating, or making any unauthorized

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use of the JP5498B Design, or any design

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substantially similar thereto, including any

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use in violation of Plaintiff’s exclusive

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rights in the JP5498B Design as
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set forth in 17 U.S.C. § 106.
b.

Manufacturing, importing, distributing,

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marketing, advertising, offering for sale

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and/or selling any product bearing an

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infringing AdiktD design, including, without

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limitation, any of the infringing products, or

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any products bearing a design that is

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substantially similar to the JP5498B Design.

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The Court shall retain jurisdiction over the

10 parties and the subject matter for the purpose of
11 enforcing the provisions of this Judgment and Order and
12 to enforce its mandatory injunction.
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14 IT IS SO ORDERED.
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16 DATED: June 6, 2017

s/ RONALD S.W. LEW

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HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

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