Patagonia, Inc. v. Angie Mobley et al

Filing 83

FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO TAMMY MANN 80 filed 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. Man n, 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. (MD JS-6. Case Terminated) (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: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

JS-6

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.,
Plaintiff,

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v.

Case No. 2:18-cv-03868 FMO (RAOx)
FINAL JUDGMENT AND
PERMANENT INJUNCTION AS
TO TAMMY MANN

TAMMY MANN,
Defendant.

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Plaintiff Patagonia, Inc. (“Patagonia”) has filed a Complaint alleging counter-

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feiting, trademark infringement, unfair competition, and copyright infringement

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under federal law against co-defendant Tammy Mann. Ms. Mann has promoted

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apparel products bearing one or more identical or substantially indistinguishable

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imitations of Patagonia’s federally registered marks (the “Counterfeit Products”)

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using social media, including Facebook user accounts or Facebook Groups, and

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sought to import and sell such Counterfeit Products. Ms. Mann consents to entry

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of judgment and permanent injunction to resolve this matter.

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The Court now enters final judgment based upon the following undisputed

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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.
FINAL JUDGMENT AND PERMANENT INJUNCTION
Case No. 2:18-cv-03868-FMO-RAO

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I.

FACTS AND CONCLUSIONS
A.

This Court has subject matter jurisdiction over this lawsuit and personal

jurisdiction over Ms. Mann. 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

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PATAGONIA

Reg. No. /
Reg. Date
1189402/
Feb. 9, 1982

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Goods
Men’s and Women’s
Clothing-Namely,
Sweaters, Rugby Shirts,
Walking Shorts, Trousers,
Jackets, Mittens, Hoods
and Rainwear.

Men’s, Women’s and
1294523/
Children’s ClothingSept. 11, 1984 Namely, Jackets, Pants,
Vests, Gloves, Pullovers,
Cardigans, Socks,
Sweaters, Underwear,
Shirts, Shorts, Skirts and
Belts

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Date of
First Use
08/1974

08/19741981

1775623/
June 8, 1993

08/1988

1811334/
Dec. 14, 1993

Luggage, back packs,
fanny packs and allpurpose sport bags, footwear, ski bags and ski
gloves

08/1990

2260188/
July 13, 1999

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Luggage back packs, and
all-purpose sports bags

Computerized on-line
10/1995
ordering activities in the
field of clothing and accessories; Providing information in the field of
technical clothing and
accessories for use in

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PATAGONIA

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PATAGONIA

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FINAL JUDGMENT AND PERMANENT INJUNCTION
Case No. 2:18-cv-03868-FMO-RAO

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Trademark

Reg. No. /
Reg. Date

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recreational, sporting and
leisure activeties;
providing information in
the field of existing and
evolving environmental
issues

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2392685/
Oct. 10, 2000

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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

10/1995

2662619/
Dec. 17, 2002

Retail store services
featuring clothing,
footwear, luggage and a
wide variety of sporting
goods and accessories

06/1986

PATAGONIA.COM

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Goods

Date of
First Use

PATAGONIA

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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.

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Products.

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/ / /

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Ms. Mann promoted for sale, and sought to import and sell, Counterfeit

/ / /
FINAL JUDGMENT AND PERMANENT INJUNCTION
Case No. 2:18-cv-03868-FMO-RAO

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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.

Commencing as of the “So Ordered” date of this Final Judgment and

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Permanent Injunction, Ms. Mann, 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

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or 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;
2.

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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. Mann or her products with Patagonia or as to the

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origin of Ms. Mann’s goods, or any false designation of origin, false or misleading

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description or representation of fact, or any false or misleading advertising;
4.

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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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5.

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;
FINAL JUDGMENT AND PERMANENT INJUNCTION
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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.
B.

This is a final judgment as to all claims asserted against Ms. Mann

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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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C.

If Ms. Mann is found to be in contempt of this injunction by a court of

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law, she agrees that she will pay to Patagonia a liquidated penalty in an amount no

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less than $15,000.00 as liquidated damages, plus any other non-duplicative penalties

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or damages arising from the contempt.
D.

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 29, 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-FMO-RAO

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