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