Chrome Hearts LLC v. 1800 Laboratories LLC et al

Filing 32

ORDER RE PERMANENT INJUNCTION; EXHIBITS by Judge Fred W. Slaughter, the court GRANTS the Stipulation 31 and ORDERS the following: Defendants and their agents, servants, employees and all entities and/or persons in active concert and participation with Defendants are hereby permanently restrained and enjoined. See document for further information. ***NOTE: CHANGES MADE BY COURT.*** (jp)

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NOTE: CHANGES MADE BY COURT 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ) CASE NO.: 2:22-cv-00643-FWS-E ) ) ORDER RE PERMANENT ) INJUNCTION; EXHIBITS ) Plaintiff, ) ) ) vs. ) ) ) 1800 LABORATORIES LLC, an ) Oregon Limited Liability Company; ) MATTHEW JACK BROCK, an Individual; MATTHEW LEE BROCK, )) an Individual; and DOES 1-10, ) inclusive, ) ) ) Defendants. ) ) ) CHROME HEARTS LLC, a Delaware Limited Liability Company, The court has reviewed the Parties’ Stipulation for Permanent Injunction [31] (the “Stipulation”) which contains the following recitations: 1. WHEREAS Plaintiff Chrome Hearts LLC (“Chrome Hearts” or “Plaintiff”) 26 has filed a Complaint in this action against Defendants 1800 Laboratories 27 LLC, Matthew Jack Brock, and Matthew Lee Brock (collectively 28 “Defendants”), alleging Trademark Infringement, False Designations of 1 ORDER RE PERMANENT INJUNCTION 1 Origin, Common Law Trademark Infringement and Unfair Competition, 2 and Unfair Competition in Violation of Cal. Bus. & Prof. Code § 17200 et 3 seq., all allegedly arising from Defendants’ manufacture, production, 4 distribution, promotion, advertisement, offering for sale, and/or sale of 5 certain clothing products bearing identical or confusingly similar 6 reproductions of one or more of the Chrome Hearts Marks (attached hereto 7 and incorporated herein as Exhibit 1) (such products will hereinafter be 8 referred to as “Accused Products.”). Several exemplar photographs of the 9 Accused Products are shown in ¶ 25 of the Complaint and reproduced 10 11 below in Exhibit 2 for reference. 2. 12 13 14 WHEREAS the parties have entered into a Confidential Settlement Agreement to fully resolve all of the claims in this action among the Parties; 3. WHEREAS without any admission of liability, Defendants have agreed to consent to the below terms of a permanent injunction. 15 16 Having reviewed and considered the Stipulation, including the agreements of the 17 parties contained therein, and good cause appearing, the court GRANTS the Stipulation 18 and ORDERS the following: 19 20 1. Defendants and their agents, servants, employees and all entities and/or 21 persons in active concert and participation with Defendants are hereby permanently 22 restrained and enjoined from infringing upon the Chrome Hearts Marks, including, but 23 not limited to: 24 a. manufacturing, purchasing, producing, distributing, circulating, 25 selling, offering for sale, importing, exporting, advertising, promoting, displaying, 26 shipping, marketing, or otherwise incorporate in advertising or marketing the Accused 27 Products and/or any other products that are identical or confusingly similar to the 28 Chrome Hearts Marks; 2 ORDER RE PERMANENT INJUNCTION 1 b. delivering, holding for sale, returning, transferring, or otherwise 2 moving, storing, or disposing in any manner the Accused Products and/or any other 3 products bearing marks that are identical or confusingly similar to the Chrome Hearts 4 Marks; 5 c. engaging in any other activity constituting unfair competition with 6 Chrome Hearts, or acts and practices that deceive consumers, the public, and/or trade, 7 including without limitation, the use of designations and design elements used or owned 8 by or associated with Chrome Hearts; 9 d. committing any other act which falsely represents or which has the 10 effect of falsely representing that the goods and services of Defendants are licensed by, 11 authorized by, offered by, produced by, sponsored by, or in any other way associated 12 with Chrome Hearts; and 13 e. knowingly assisting, aiding, or attempting to assist or aid any other 14 person or entity in performing any of the prohibited activities referred to in Paragraphs 15 1(a)-(d) above; and 16 f. knowingly affecting any transactions, assignments or transfers, or 17 form new entities or associations to circumvent the prohibitions referred to in 18 Paragraphs 1(a)-(d) above. 19 20 2. This Court has jurisdiction over the parties herein and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 21 3. The execution of this Stipulation/Order shall serve to bind and obligate the 22 parties hereto. 23 4. Upon satisfaction of other obligations set forth in the Settlement 24 Agreement and Mutual Release, the Parties will stipulate to, and Plaintiff will file a 25 separate Dismissal with Prejudice of the Civil Action. 26 /// 27 /// 28 /// 3 ORDER RE PERMANENT INJUNCTION 1 2 5. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the enforcement of this Stipulation/Order. 3 4 IT IS SO ORDERED. 5 6 DATED: September 19, 2022 _________________________________ Hon. Fred W. Slaughter UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ORDER RE PERMANENT INJUNCTION 1 EXHIBIT 2 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 2

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