Tacori Enterprises v. C. Gonshors Fine Jewelry, Inc.

Filing 24

CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST C. GONSHOR'S FINE JEWELRY, INC. by Judge George H. Wu in favor of Tacori Enterprises against C. Gonshors Fine Jewelry, Inc. (See document for specifics) ( MD JS-6. Case Terminated ) (mrgo)

1 TUCKER ELLIS LLP
Howard A. Kroll - SBN 100981
2 [e-mail]
515 South Flower Street
3 Forty-Second Floor
Los Angeles, CA 90071-2223
213.430.3400
4 Telephone:
Facsimile:
213.430.3409
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Attorneys for Plaintiff
6 TACORI ENTERPRISES

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

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11 TACORI ENTERPRISES

Case No. 2:16-cv-08134

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CONSENT JUDGMENT AND
PERMANENT INJUNCTION
AGAINST C. GONSHOR’S FINE
JEWELRY, INC.

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Plaintiff,
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v.
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C. GONSHOR’S FINE JEWELRY, INC. )
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Defendant.
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Plaintiff Tacori Enterprises (“Tacori”), and Defendant C. Gonshor’s Fine Jewelry,

19 Inc. (“Gonshor”), agree to the entry of this Consent Judgment and Permanent Injunction
20 against Gonshor.
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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 Trademark and Copyright the

23 Laws of the United States, 15 U.S.C. §§ 1051, et seq. and 17 U.S.C. §§ 101, et seq.,
24 respectively. This Court has subject matter jurisdiction over these claims under 15
25 U.S.C. § 1121, 17 U.S.C. § 501 and 28 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.

Tacori is a California corporation with its principal place of business at 1736

28 Gardena Avenue, Glendale, California.

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4.

Gonshor has its principal place of business at 640 So. Hill Street, Room

2 A546, Los Angeles, CA 90014.
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5.

For over 35 years, Tacori has been an innovator in the design, creation, and

4 marketing of fine jewelry. Tacori designs its own jewelry and has created exclusive
5 collections from only top quality platinum and 18 or 22 karat gold.
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6.

Tacori owns United States Trademark Registration

No. 3,728,425 (the

7 “TACORI TRADEMARK”) for jewelry which incorporates the same distinctive design
8 as follows: “the appearance of two essentially concentric rings, with one of the rings
9 having a larger diameter than the other. Embedded between the rings are repeating semi-

TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

10 circles or arcs which appear contiguous to each other. A space is created between the
11 contiguous semi-circles or arcs.” A copy of Trademark Registration No. 3,728,425 is
12 attached to this Judgment as Exhibit A.
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7.

The TACORI TRADEMARK is valid, strong, enforceable and widely

14 known and recognized among jewelers and consumers throughout the United States.
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8.

The TACORI TRADEMARK is unique and distinctive and, as such,

16 designates a single source of origin.
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9.

As a result of Tacori’s extensive and exclusive use, the TACORI

18 TRADEMARK has developed extensive goodwill in the market and is extremely
19 valuable to Tacori. Tacori expends substantial effort and expense to protect the TACORI
20 TRADEMARK and its distinctiveness in the marketplace.
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10.

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

22 Acts, 17 U.S.C. § 101, et seq., and secured the exclusive rights and privileges in and to
23 the copyrights of U.S. Copyright Registrations for the Tacori Crescent Jewelry
24 (collectively the “TACORI COPYRIGHTS”). A list of the TACORI COPYRIGHTS is
25 attached to this Judgment as Exhibit B.
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11.

The TACORI COPYRIGHTS are valid, strong and enforceable.

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12.

Gonshor and Gonshor’s officers, directors, employees, representatives,

28 agents, successors-in-interest, parent corporations, subsidiary corporations, legal entities
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1 or persons controlled by Gonshor, and all other persons who are in active concert or
2 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 TACORI TRADEMARK or

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rings that are confusingly similar to the TACORI TRADEMARK;
b.

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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 TACORI COPYRIGHTS or

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rings that are substantially similar to the TACORI COPYRIGHTS
c.

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Selling, distributing, advertising, manufacturing or purchasing any

TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

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and all variants within Gonshor Ring Style No. 7237 (the “Gonshor Ring”) or any

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ring substantially similar to the Gonshor Ring; and
d.

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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 12(a) through 12(b) above.

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13.

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

16 Gonshor Rings in its possession.
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14.

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

18 Injunction and the right to appeal therefrom or to test its validity and consent to its
19 immediate entry in accordance with its terms. This Court expressly retains jurisdiction
20 over this matter to enforce, implement or construe this Consent Judgment and Permanent
21 Injunction.
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SO ORDERED.

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_____________________________
United States District Judge

DATED: December 28, 2016

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The individuals executing this Consent Judgment and Permanent Injunction

2 represent or confirm that they are duly authorized to do so, and are similarly authorized to
3 bind their respective clients to this Consent Judgment and Permanent Injunction.
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CONSENTED TO:

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8 Dated: December 27, 2016

TUCKER ELLIS, LLP

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TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

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By:

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/s/Howard A. Kroll
Howard A. Kroll
Attorneys for Plaintiff
TACORI ENTERPRISES

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15 Dated: December 27, 2016
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LAW OFFICES OF LEON SMALL

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By: /s/Leon Small*
Leon Small
Attorneys for Defendant
C. GONSHOR’S FINE
JEWELRY, INC.

22 *Pursuant to Local Rule 5-4.3.4(a)(2), the filing party attests that Defendant’s counsel
23 concurs in the content of this Consent Judgment and Permanent Injunction and has
24 authorized its filing with his electronic signature.
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