Chanel Inc v. Efren Ceron

Filing 36

CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr. IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that: 1. The Defendant and his officers, agents, servants, employees and attorneys, and all persons in active concert and par ticipation with them, via (i) any domain name and/or website, including but, not limited to, lecococaviar.com, (ii) Youtube.com, (iii) Facebook.com, (iv) Instagram.com, (v) Twitter.com, (vi) Pinterest.com, and/or (vii) any other online marketp lace, website, and/or social media site not specifically identified herein, are hereby permanently restrained and enjoined from intentionally and/or knowingly: A. manufacturing or causing to be manufactured, importing, displaying, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing the Chanel Marks and/or using the images of products bearing the Chanel Marks; (See document for further details) (yl)

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UNITED STATES DISRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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CHANEL, INC.,

Case No.: 2:16-cv-06938-AB-PLA
Plaintiff,

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EFREN CERON, et al.
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Defendants.
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[PROPOSED] CONSENT FINAL
JUDGMENT AND PERMANENT
INJUNCTION

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Plaintiff Chanel, Inc. (“Plaintiff”) and Defendant Efren Ceron a/k/a Efren

20 Ceron, Jr, an individual, d/b/a lecococaviar.com d/b/a @lecococaviar d/b/a
21 lecococaviarstore d/b/a Le Coco Caviar d/b/a Le Coco Caviar, LLC (the
22 “Defendant”), stipulate and consent to judgment as follows:
WHEREAS, Chanel owns the registered trademarks under the marks
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as identified in Paragraph 5 of Chanel’s Complaint and
24 CHANEL, and
25 identified below: Chanel is the owner of the following trademarks (collectively, the
26 “Chanel Marks”):
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Consent Final Judgment
and Permanent Injunction

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Trademark

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Registration
Number

Registration Date

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4,074,269

December 20, 2011

3,890,159

December 14, 2010

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CHANEL

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Class(es)/Goods
IC 9 - Protective
covers for
portable
electronic
devices,
handheld digital
devices, personal
computers and
cell phones
IC 16 Temporary
tattoos
IC 18 - Key
cases
IC 09 - Cases for
Telephones
IC 18 - Key
Cases

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WHEREAS, the parties have amicably resolved their dispute to each of their
satisfaction; and
WHEREAS, based upon Chanel’s good faith prior use of the Chanel Marks,
Chanel has superior and exclusive rights in and to the Chanel Marks in the United
States and any confusingly similar name or mark.
IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:
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The Defendant and his officers, agents, servants, employees and

attorneys, and all persons in active concert and participation with them, via (i) any
domain name and/or website, including but, not limited to, lecococaviar.com, (ii)
Youtube.com, (iii) Facebook.com, (iv) Instagram.com, (v) Twitter.com, (vi)
Pinterest.com, and/or (vii) any other online marketplace, website, and/or social
media site not specifically identified herein, are hereby permanently restrained and
enjoined from intentionally and/or knowingly:
A.

manufacturing or causing to be manufactured, importing,
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Consent Final Judgment
and Permanent Injunction

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displaying, advertising, or promoting, distributing, selling or

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offering to sell counterfeit and infringing goods bearing the

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Chanel Marks and/or using the images of products bearing the

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Chanel Marks;

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B.

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using the Chanel Marks in connection with the sale of any
unauthorized goods;

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using any logo, and/or layout which may be calculated to falsely

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advertise the services or products of the Defendant as being

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sponsored by, authorized by, endorsed by, or in any way

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associated with the Plaintiff;
D.

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falsely representing the Defendant as being connected with the
Plaintiff, through sponsorship or association,

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engaging in any act which is likely to falsely cause members of

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the trade and/or of the purchasing public to believe any goods or

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services of the Defendant are in any way endorsed by, approved

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by, and/or associated with the Plaintiff;

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F.

using any reproduction, counterfeit, infringement, copy, or

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colorable imitation of the Chanel Marks in connection with the

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publicity, promotion, sale, or advertising of any goods sold by

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the Defendant, including, without limitation, cell phone cases;

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G.

affixing, applying, annexing or using in connection with the sale

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of any goods, a false description or representation, including

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words or other symbols tending to falsely describe or represent

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Defendant’s goods as being those of Plaintiff, or in any way

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endorsed by Plaintiff or offering such goods in commerce; and

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from otherwise unfairly competing with the Plaintiff;

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H.

secreting, destroying, altering, removing, or otherwise dealing
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Consent Final Judgment
and Permanent Injunction

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with the unauthorized products or any books or records which

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contain any information relating to the importing, manufacturing,

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producing, distributing, circulating, selling, marketing, offering

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for sale, advertising, promoting, renting or displaying of all

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unauthorized products which infringe the Chanel Marks; and

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I.

effecting assignments or transfers, forming new entities or

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associations or utilizing any other device for the purpose of

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circumventing or otherwise avoiding the prohibitions set forth in

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subparagraphs (A) through (H).

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2.

The parties’ shall each bear their own attorney’s fees and costs incurred

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3.

This Court will retain continuing jurisdiction over this cause to enforce

13 all terms of this Consent Final Judgment and the Confidential Settlement Agreement
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4.

Judgment on all Counts of the Complaint is hereby awarded against the

16 Defendant and in favor of Chanel. Damages in the amount of $30,000.00 are
17 hereby awarded to Chanel and against the Defendant.
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5.

Due to the circumstances giving rise to the filing of this action against

19 the Defendant, the settlement funds due from him under the terms of the parties’
20 Settlement Agreement and this Judgment constitute non-dischargeable debts under
21 Section 523(a)(6) of the United States Bankruptcy Code, Title 11 U.S.C. §101, et
22 seq.
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Consent Final Judgment
and Permanent Injunction

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6.

All products bearing the Chanel Marks at issue currently in the

2 possession, custody and/or control of the Defendant, and surrendered to Chanel,
3 shall be destroyed at the direction of Chanel.
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IT IS SO ORDERED.

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Dated: January 11, 2018

____________________________
André Birotte Jr.
United States District Judge

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Consent Final Judgment
and Permanent Injunction