Patagonia, Inc. v. Angie Mobley et al
Filing
76
FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Fernando M. Olguin. It is hereby ordered and adjudged as follows: Commencing as of the "So Ordered" date of this Final Judgment and Permanent Injunction, Ms. Bullock, her agents, employees, attorneys, successors, 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)
1
2
3
4
5
6
7
8
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.
9
UNITED STATES DISTRICT COURT
10
FOR THE CENTRAL DISTRICT OF CALIFORNIA
11
WESTERN DIVISION – LOS ANGELES
12
13
PATAGONIA, INC.,
Plaintiffs,
14
15
16
17
v.
Case No. 2:18-cv-03868
FINAL
JUDGMENT
AND
PERMANENT INJUNCTION
KAILEY BULLOCK,
Defendant.
18
19
20
Plaintiff Patagonia, Inc. (“Patagonia”) has filed a Complaint alleging
21
counterfeiting, trademark infringement, unfair competition, and copyright
22
infringement under federal law against co-defendant Kailey Bullock. Ms. Bullock
23
imported apparel products bearing one or more identical or substantially
24
indistinguishable imitations of Patagonia’s federally registered marks (the
25
“Counterfeit Products”). Ms. Bullock maintains she was unaware the imported
26
apparel was Counterfeit Products at the time she ordered it, but consents to entry of
27
judgment and permanent injunction to resolve this matter.
28
The Court now enters final judgment based upon the following undisputed
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
KILPATRICK TOWNSEND 71062757 1
-1-
1
2
3
4
5
6
7
8
9
10
facts. Each party has waived the right to appeal from this final judgment and each
party will bear its own fees and costs in connection with this action.
I.
FACTS AND CONCLUSIONS
A.
This Court has subject matter jurisdiction over this lawsuit and personal
jurisdiction over Ms. Bullock. Venue is proper in this Court.
B.
Patagonia owns numerous registrations for the PATAGONIA trade-
mark, and for its distinctive logo depicting the Mt. Fitz Roy skyline (the “Fitz Roy
Design”), for a wide ranging assortment of products. Among these are the
following U.S. trademark registrations:
11
12
Trademark
13
14
15
Reg. No. /
Reg. Date
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
10/1995
PATAGONIA
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
KILPATRICK TOWNSEND 71062757 1
-2-
1
2
Trademark
3
Reg. No. /
Reg. Date
July 13, 1999
ordering activities in the
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
4
5
6
7
8
9
10
11
PATAGONIA.COM
12
13
14
15
PATAGONIA
16
17
18
19
20
21
22
Goods
Date of
First Use
10/1995
These registrations for the PATAGONIA mark and logos are in full force and effect.
The registrations have become incontestable under 15 U.S.C. § 1065. Collectively,
these marks, Patagonia’s other registered trademarks, and its common law marks are
referred to as the “PATAGONIA trademarks.” A color image of the Fitz Roy
Design follows:
23
24
25
26
27
28
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
KILPATRICK TOWNSEND 71062757 1
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C.
Ms. Bullock purchased Counterfeit Products from “Wilson Yan Yiwu
Yalindy Imp and Ex Co., Ltd.,” through alibaba.com. While Ms. Bullock intended
to resell the product purchased from Wilson Yan Yiwu Yalindy Imp and Ex Co.,
Ltd. through alibab.com, she has stated that she was unaware at the time the
transaction commenced the counterfeit bore any infringing PATAGONIA
trademarks.
II.
PERMANENT INJUNCTION AND AWARD
It is hereby ordered and adjudged as follows:
A.
Commencing as of the “So Ordered” date of this Final Judgment and
Permanent Injunction, Ms. Bullock, her agents, employees, attorneys, successors,
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, anywhere in the world, directly or indirectly, from doing, authorizing or
procuring any persons to do any of the following:
1.
Without Patagonia’s authorization, manufacturing, producing,
sourcing, importing, selling, offering for sale, distributing, advertising, or promoting
any goods or services that bear reproductions of the PATAGONIA Trademarks;
2.
Manufacturing, producing, sourcing, importing, selling, offering
for sale, distributing, advertising, or promoting any goods or services that display
any words or symbols that so resemble the PATAGONIA trademarks as to be likely
to cause confusion, mistake, or deception, on or in connection with any product that
is not authorized by or for Patagonia;
3.
With respect to Patagonia products, using any word, term, name,
symbol, device, or combination thereof that causes or is likely to cause confusion,
mistake, or deception as to the affiliation or association of Ms. Bullock or her
products with Patagonia or as to the origin of Ms. Bullock’s goods, or any false
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
KILPATRICK TOWNSEND 71062757 1
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
designation of origin, false or misleading description or representation of fact, or
any false or misleading advertising;
4.
Further infringing the rights of Patagonia in and to its
PATAGONIA trademarks, thereby damaging Patagonia’s goodwill or business
reputation;
5.
Further infringing Patagonia’s copyright rights, including its
rights in the Fitz Roy Design, or otherwise infringing any of Patagonia’s rights
under the Copyright Act and any other source of federal or state law; and
6.
Assisting, aiding or abetting any person or entity engaging in or
performing any act prohibited by this paragraph.
B.
This is a final judgment as to all claims asserted against Ms. Bullock
related to the Counterfeit Products, sold prior to the date of entry of this Final
Judgment and Permanent Injunction. Both parties shall bear their own costs.
C.
If Ms. Bullock is found to be in contempt of this injunction by a court
of law, she agrees that she will pay to Patagonia a liquidated penalty in an amount
no less than $7,500.00 as liquidated damages, plus any other non-duplicative
penalties or damages arising from the contempt.
D.
If Patagonia commences an action for enforcement of this Judgment,
the prevailing party shall be awarded reasonable attorneys’ fees and costs from the
other party for both the action enforcing this Judgment and the underlying litigation.
Dated: August ____, 2018
22
23
24
____/S/____________________
Hon. Fernando M. Olguin
United States District Judge
25
26
27
28
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 2:18-cv-03868
KILPATRICK TOWNSEND 71062757 1
-5-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?