Second Generation, Inc. v. Baldwin Sun, Inc. et al

Filing 67

PERMANENT INJUNCTION AGAINST DEFENDANTS SEVEN-BROS ENTERPRISES, INC. AND CATHY TRINH filed by Judge Virginia A. Phillips: Seven-Bros and Trinh are hereby restrained and enjoined (see document for further details). (bm)

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David H. Boren, Esq. SBN 186316
[e-mail]
RITHOLZ LEVY FIELDS LLP
10940 Wilshire Boulevard, Suite 1600
Los Angeles, CA 90024
Bus: [phone]
Fax: [phone]

JUN 13, 2018
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H

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Attorneys for Plaintiff
SECOND GENERATION, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SECOND GENERATION, INC., a
California corporation,

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Plaintiff,
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vs.
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BALDWIN SUN, INC., a California
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corporation; KODY BRAND, INC., a
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California corporation; KODY
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BRANCH OF CALIFORNIA, INC., a )
California corporation; TRINH VUONG )
GARMENT CO. LTD., a Vietnamese
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business entity; CATHY TRINH, an
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individual; SEVEN-BROS
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ENTERPRISES, INC., a California
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corporation; and DOES 1 through 10,
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inclusive,
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Defendants.
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Case No.: 16-CV-08690-VAP (PJWx)
[PROPOSED] PERMANENT
INJUNCTION AGAINST
DEFENDANTS SEVEN-BROS
ENTERPRISES, INC. AND CATHY
TRINH

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0096572

_________________________________________________________________________________
PERMANENT INJUNCTION

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction, (“Document 111”),
between Plaintiff Second Generation, Inc. (“Plaintiff), on the one hand, and Defendants Seven-Bros
Enterprises, Inc. (“Seven-Bros”) and Cathy Trinh (“Trinh”), on the other hand, hereby ORDERS,
ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against
Seven-Bros and Trinh in connection with the federally registered trademark “MADE WITH LOVE,
WORN WITH LOVE” (Registration No. 4538631) (the “SecGen Trademark”) as follows:

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1.

PERMANENT INJUNCTION. Seven-Bros and Trinh are hereby restrained and

enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, any of the following
activities in the United States and throughout the world:

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(i) copying, manufacturing, importing, exporting, marketing, advertising,

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promoting, displaying, purchasing, selling, offering for sale, reproducing,

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acquiring, transferring, brokering, consigning, storing, shipping, licensing,

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developing, delivering, distributing and/or dealing in any product or service that

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uses, or otherwise makes any use of the SecGen Trademark, and/or any intellectual

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property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of the SecGen Trademark;

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(ii) using any trademark or trade name that falsely represents, or is likely to

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confuse, mislead, or deceive purchasers, customers, or members of the public to

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believe

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that

unauthorized

products,

imported,

exported,

manufactured,

reproduced, distributed, assembled, acquired, exported, offered, sold, transferred,

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brokered, consigned, distributed, shipped, marketed, advertised and/or promoted

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by Seven-Bros and Trinh originate from SecGen, or that said merchandise has been

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sponsored, approved, licensed by, or associated with SecGen or is, in some way,

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connected or affiliated with SecGen;

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(iii) engaging in any conduct that falsely represents, or is likely to confuse,

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mislead, or deceive, purchasers, customers, or members of the public to believe

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that Seven-Bros and Trinh are connected with, or are in some way sponsored by

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or affiliated with SecGen; and
0096572

_________________________________________________________________________________
PERMANENT INJUNCTION

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(iv) engaging in any acts of federal and/or state trademark infringement, false

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designation, false advertising, unfair competition, dilution or other act(s) which

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would tend to damage or injure SecGen’s rights in and to the SecGen Trademark.

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2.

Trinh at the time of its execution by the Court.

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3.

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of this Permanent Injunction against Seven-Bros and Trinh.
4.

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NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be taken

from this Permanent Injunction, and SecGen, Seven-Bros and Trinh waive all rights to appeal. This
Court expressly retains jurisdiction over this matter to enforce any violation of this terms of this
Permanent Injunction.

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The Court finds there is no just reason for delay in entering this Permanent Injunction

and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry

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This Permanent Injunction shall be deemed to have been served upon Seven-Bros and

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NO FEES AND COSTS. SecGen, on the one hand, and Seven-Bros and Trinh, on

the other, shall bear their own attorneys’ fees and costs incurred to date in connection with the abovecaptioned matter.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 13th day of June 2018.

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______________________________________
HONORABLE VIRGINIA A. PHILLIPS
UNITED STATES DISTRICT JUDGE
CENTRAL DISTRICT OF CALIFORNIA

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0096572

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PERMANENT INJUNCTION