Patagonia, Inc. v. Angie Mobley et al
Filing
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FINAL JUDGMENT AND PERMANENT INJUNCTION filed by Judge Fernando M. Olguin. It is hereby ordered and adjudged as follows: Ms. Gutridge shall pay the sum of $400.00 to Patagonia within 30 days of entry of this Judgment. Payment shall be made by certified check,payable to "Patagonia, Inc." and delivered to Patagonia's counsel of record. Commencing as of the So Ordered date of this Final Judgment and Permanent Injunction, Ms. Gutridge, her agents, employees, attorneys, suc cessors, assigns, affiliates, joint ventures, and any person(s) in active concert or participation with her, and/or any person(s) acting for, with, by, through, or under her control who receive actual notice of this Order, are hereby permanently enjoined and restrained. (iv)
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KILPATRICK TOWNSEND & STOCKTON LLP
GREGORY S. GILCHRIST (State Bar No. 111536)
RYAN T. BRICKER (State Bar No. 269100)
ALEXANDRA N. MARTINEZ (State Bar No. 317382)
Nineteenth Floor, Two Embarcadero Center
San Francisco, California 94111
Telephone: (415) 576-0200
Facsimile: (415) 576-0300
Email:
gilchrist@kilpatricktownsend.com
rbricker@kilpatricktownsend.com
amartinez@kilpatricktownsend.com
Attorneys for Plaintiff
PATAGONIA, INC.
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION – LOS ANGELES
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PATAGONIA, INC.,
Plaintiffs,
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v.
Case No. 2:18-cv-03868 FMO (RAOx)
FINAL JUDGMENT AND
PERMANENT INJUNCTION
TIFFANY GUTRIDGE,
Defendant.
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Plaintiff Patagonia, Inc. (“Patagonia”) has filed a Complaint alleging
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counterfeiting, trademark infringement, unfair competition, and copyright
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infringement under federal law against co-defendant Tiffany Gutridge. Ms.
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Gutridge has promoted, distributed, offered, and sold apparel products, bearing one
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or more identical or substantially indistinguishable imitations of Patagonia’s
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federally registered marks (the “Counterfeit Products”) using social media,
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including Facebook user accounts or Facebook Groups. Ms. Gutridge consents to
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entry of judgment and permanent injunction to resolve this matter.
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The Court now enters final judgment based upon the following undisputed
FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
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facts. Each party has waived the right to appeal from this final judgment and each
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party will bear its own fees and costs in connection with this action.
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I.
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FACTS AND CONCLUSIONS
A.
This Court has subject matter jurisdiction over this lawsuit and personal
jurisdiction over Ms. Gutridge. Venue is proper in this Court.
B.
Patagonia owns numerous registrations for the PATAGONIA trade-
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mark, and for its distinctive logo depicting the Mt. Fitz Roy skyline (the “Fitz Roy
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Design”), for a wide ranging assortment of products. Among these are the
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following U.S. trademark registrations:
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Trademark
Goods
Date of
First Use
1189402/
February 9,
1982
Men’s and Women’s
Clothing-Namely,
Sweaters, Rugby Shirts,
Walking Shorts, Trousers,
Jackets, Mittens, Hoods
and Rainwear.
08/1974
1294523/
September
11, 1984
Men’s, Women’s and
Children’s ClothingNamely, Jackets, Pants,
Vests, Gloves, Pullovers,
Cardigans, Socks,
Sweaters, Underwear,
Shirts, Shorts, Skirts and
Belts
08/19741981
1775623/
June 8, 1993
Luggage back packs, and
all-purpose sports bags
08/1988
Luggage, back packs,
fanny packs and allpurpose sport bags, footwear, ski bags and ski
gloves
08/1990
PATAGONIA
1811334/
December 14,
1993
PATAGONIA
2260188/
Computerized on-line
ordering activities in the
10/1995
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Reg. No. /
Reg. Date
PATAGONIA
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FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
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Trademark
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Reg. No. /
Reg. Date
July 13, 1999
field of clothing and accessories; Providing information in the field of technical
clothing and accessories
for use in recreational,
sporting and leisure activeties; providing information
in the field of existing and
evolving environmental
issues
2392685/
October 10,
2000
On-line retail store and
mail order services featuring technical clothing,
footwear, and accessories;
Computer services in the
nature of on-line information related to the environment and clothing
2662619/
December 17,
2002
Retail store services featur- 06/1986
ing clothing, footwear,
luggage and a wide variety
of sporting goods and
accessories
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PATAGONIA.COM
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Goods
Date of
First Use
PATAGONIA
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10/1995
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These registrations for the PATAGONIA mark and logos are in full force and effect.
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The registrations have become incontestable under 15 U.S.C. § 1065. Collectively,
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these marks, Patagonia’s other registered trademarks, and its common law marks are
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referred to as the “PATAGONIA trademarks.” A color image of the Fitz Roy
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Design follows:
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C.
Ms. Gutridge promoted, offered, and sold 64 units of the Counterfeit
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Products and received a total of $271.46 in net income. Ms. Gutridge distributed an
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additional 3 units and did not receive any compensation for the 3 units.
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II.
PERMANENT INJUNCTION AND AWARD
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It is hereby ordered and adjudged as follows:
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A.
Ms. Gutridge shall pay the sum of $400.00 to Patagonia within thirty
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(30) days of entry of this Judgment. Payment shall be made by certified check,
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payable to “Patagonia, Inc.” and delivered to Patagonia’s counsel of record.
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B.
Commencing as of the “So Ordered” date of this Final Judgment and
Permanent Injunction, Ms. Gutridge, her agents, employees, attorneys, successors,
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assigns, affiliates, joint ventures, and any person(s) in active concert or participation
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with her, and/or any person(s) acting for, with, by, through, or under her control
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who receive actual notice of this Order, are hereby permanently enjoined and
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restrained, anywhere in the world, directly or indirectly, from doing, authorizing or
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procuring any persons to do any of the following:
1.
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Manufacturing, producing, sourcing, importing, selling, offering
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for sale, distributing, advertising, or promoting any goods or services that bear
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reproductions of the PATAGONIA Trademarks;
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Manufacturing, producing, sourcing, importing, selling, offering
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for sale, distributing, advertising, or promoting any goods or services that display
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any words or symbols that so resemble the PATAGONIA trademarks as to be likely
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to cause confusion, mistake, or deception, on or in connection with any product that
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is not authorized by or for Patagonia;
3.
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Using any word, term, name, symbol, device, or combination
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thereof that causes or is likely to cause confusion, mistake, or deception as to the
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affiliation or association of Ms. Gutridge or her products with Patagonia or as to the
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origin of Ms. Gutridge’s goods, or any false designation of origin, false or
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misleading description or representation of fact, or any false or misleading
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advertising;
FINAL JUDGMENT AND PERMANENT INJUNCTION
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Further infringing the rights of Patagonia in and to its
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PATAGONIA trademarks, or otherwise damaging Patagonia’s goodwill or business
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reputation;
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Further infringing Patagonia’s copyright rights, including its
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rights in the Fitz Roy Design, or otherwise infringing any of Patagonia’s rights
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under the Copyright Act and any other source of federal or state law;
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Otherwise competing unfairly with Patagonia in any manner; and
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Assisting, aiding or abetting any person or entity engaging in or
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performing any act prohibited by this paragraph.
C.
This is a final judgment as to all claims asserted against Ms. Gutridge
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related to the Counterfeit Products sold prior to the date of entry of this Final
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Judgment and Permanent Injunction. Both parties shall bear their own costs.
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D.
If Ms. Gutridge is found to be in contempt of this injunction by a court
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of law, she agrees that she will pay to Patagonia a liquidated penalty in an amount
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no less than $15,000.00 as liquidated damages, plus any other non-duplicative
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penalties or damages arising from the contempt.
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E.
If Patagonia commences an action for enforcement of this Judgment,
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the prevailing party shall be awarded reasonable attorneys’ fees and costs from the
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other party for both the action enforcing this Judgment and the underlying litigation.
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Dated: August 3, 2018
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__________/s/___________________
Hon. Fernando M. Olguin
United States District Judge
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FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
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