Chanel, Inc. v. The Good Fastener LLC et al

Filing 47

STIPULATED PERMANENT INJUNCTION by Judge Monica Ramirez Almadani. THE COURT HEREBY ORDERS, ADJUDGES AND DECREES: 1. Permanent Injunction Intellectual Property. Defendants and, as applicable, their officers, agents, servants, directors, em ployees, partners, affiliated companies, representatives, assigns, successors, related companies, and attorneys, and all persons in active concert or participation with Defendants or with any of the foregoing who receive notice of this Perman ent Injunction by personal service of otherwise, including, but not limited to, Hourly Good LLC, be permanently enjoined. Chanel is the exclusive owner of the CHANEL Marks, and such marks are valid and protectable. [See judgment for details] (MD JS-6. Case Terminated) (lom)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 CHANEL, INC., a New York corporation, 12 Plaintiff, 13 v. 14 THE GOOD FASTENER LLC, a 15 California limited liability company; CHERI LIU, a California individual; and 16 JUSTIN OH, a California individual, 17 Case No. 2:23-cv-6264-MRA-AGR STIPULATED PERMANENT INJUNCTION Defendants. 18 19 IT IS HEREBY STIPULATED by and between plaintiff Chanel, Inc., a New 20 York corporation (“Chanel”), and defendants The Good Fastener LLC (“Good 21 Fastener”), Cheri Liu, and Justin Oh (collectively, “Defendants”), that a Permanent 22 Injunction shall be entered to fully and finally dispose of this action and that the 23 Permanent Injunction be as follows: 24 WHEREAS, Chanel offers for sale and sells goods and services under the 25 CHANEL mark, the CC monogram mark, and other marks related to or derived 26 therefrom (the “CHANEL Marks”) and, consequently, owns common law rights in 27 and federal registrations of the following CHANEL Marks: 28 1 2 3 4 Trademark Reg. No. 626,035 May 1, 1956 Women’s handbags CHANEL 902,190 November 10, 1970 Bracelets, pins and earrings CC Monogram 1,314,511 January 15, 1985 Leather goods namely, handbags CHANEL 1,347,677 July 9, 1985 Leather goods namely, handbags CC Monogram 1,501,898 August 30, 1988 Costume jewelry CHANEL 1,733,051 November 17, 1992 Leather goods namely, handbags, wallets, travel bags, luggage, business and credit card cases, change purses, tote bags, cosmetic bags sold empty, and garment bags for travel CC Monogram 1,734,822 November 24, 1992 Leather goods namely, handbags, wallets, travel bags, luggage, business card cases, change purses, tote bags, and cosmetic bags sold empty CC and Design 3,025,934 Dec. 13, 2005 Handbags 2,382,784 September 5, 2000 Perfume, eau de parfum 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Goods CHANEL 5 6 Registration Date 22 23 24 25 26 27 28 -2- 1 WHEREAS, Defendants design, distribute, and sell jewelry and other items 2 that use or incorporate materials or components bearing the CHANEL Marks or 3 Chanel materials or components without Chanel’s authorization; 4 WHEREAS, Defendants display, advertise, and promote these items on the 5 internet, including, but not limited to, on the websites on 6 https://thegoodfastener.com and https://hourlygood.com and the Instagram account 7 @goodfastener; 8 WHEREAS, on August 2, 2023, Chanel filed this action against Defendants 9 seeking damages and injunctive relief for trademark infringement in violation of 15 10 U.S.C. § 1114, false designation of origin in violation of 15 U.S.C. § 1125(a), 11 trademark dilution in violation of 15 U.S.C. § 1125(c), common law trademark 12 infringement, and unfair competition in violation of Cal. Bus. & Prof. Code §§ 13 17200, et seq.; 14 WHEREAS, the parties have agreed to resolve this action by stipulating to the 15 terms of Permanent Injunction set forth herein and, further, agree to be bound by the 16 terms of Permanent Injunction set forth herein regardless of whether and to what 17 extent the Court includes each of the terms in its Permanent Injunction based 18 hereon; 19 WHEREAS, the parties represent and warrant that they have not assigned, 20 transferred, or encumbered any of the intellectual property identified or claims 21 addressed in this Permanent Injunction; 22 WHEREAS, this Court has jurisdiction over the subject matter of this 23 controversy pursuant to 28 U.S.C. §§ 1331 and 1338(a) and (b), and § 1367, and 15 24 U.S.C. § 1121; 25 THE COURT HEREBY ORDERS, ADJUDGES AND DECREES: 26 1. Permanent Injunction – Intellectual Property. Defendants and, as 27 applicable, their officers, agents, servants, directors, employees, partners, affiliated 28 companies, representatives, assigns, successors, related companies, and attorneys, -3- 1 and all persons in active concert or participation with Defendants or with any of the 2 foregoing who receive notice of this Permanent Injunction by personal service of 3 otherwise, including, but not limited to, Hourly Good LLC, be permanently enjoined 4 from: 5 a. Manufacturing, transporting, promoting, importing, advertising, 6 publicizing, displaying (including, but not limited to, posting to the internet, any 7 website, or any social media account), distributing, offering for sale, or selling any 8 items, goods, or services bearing or under the CHANEL Marks, or any other mark, 9 name, symbol, or logo which is likely to cause confusion or to cause mistake or to 10 deceive persons into the erroneous belief that any items, goods, or services that 11 Defendants caused to enter the stream of commerce or any of Defendants’ 12 commercial activities are sponsored or licensed by Chanel, are authorized by 13 Chanel, or are connected or affiliated in some way with Chanel or the CHANEL 14 Marks; 15 b. Manufacturing, transporting, promoting, importing, advertising, 16 publicizing, distributing, offering for sale, or selling any items, goods, or services 17 offered under the CHANEL Marks, or any other mark, name, symbol, or logo that is 18 a copy or colorable imitation of, incorporates, or is confusingly similar to the 19 CHANEL Marks; 20 c. Implying Chanel’s approval, endorsement, or sponsorship of, or 21 affiliation or connection with, Defendants’ items, goods, services, or commercial 22 activities or passing off Defendants’ business as that of Chanel; 23 d. Representing or implying that Defendants are in any way 24 sponsored by, affiliated with, or licensed by Chanel; 25 e. Challenging or interfering with the validity of Chanel’s 26 ownership or registration of the CHANEL Marks; and 27 28 -4- 1 f. Knowingly assisting, inducing, aiding, or abetting any other 2 person or business entity in engaging in or performing any of the activities referred 3 to in Paragraphs 2a. to 2.e. above. 4 2. Ownership and Validity of the CHANEL Marks. Chanel is the 5 exclusive owner of the CHANEL Marks, and such marks are valid and protectable. 6 3. Violation of this Permanent Injunction. Should Defendants or any one 7 of them materially violate any provision of this Permanent Injunction, materially fail 8 to comply with any of the obligations contained in this Permanent Injunction, or 9 make any material error or omission in any of the representations contained in this 10 Permanent Injunction, and if such violation is not curable or, if after notice of the 11 violation(s) by Chanel, Defendants fail to cure the same within five (5) business 12 days of notice, Chanel shall be entitled to pursue claims for breach and seek 13 remedies for contempt including all relief under 18 U.S.C. § 401, et. seq. Prior to 14 seeking a finding of contempt based on a failure to comply with any of the curable 15 obligations of this Permanent Injunction, Chanel shall first provide Defendants with 16 notice of the violation and Defendants with five (5) business days to cure. Chanel 17 shall not be obligated to provide notice of any errors or omissions in any of the 18 representations before seeking contempt. Further, following its initial notice to cure, 19 Chanel shall not be obligated to provide notice of any subsequent violations of the 20 Permanent Injunction to Defendants before seeking a finding of contempt. 21 None of Defendants shall challenge the issuance or entry of this Permanent 22 Injunction, its validity, or Defendants’ understanding of or knowledge of the terms 23 of this Permanent Injunction. Further, should a Court find Defendants or any one of 24 them in contempt of this Permanent Injunction none of Defendants shall challenge 25 Chanel’s rights to any of the relief identified above. 26 4. Binding Effect. This Permanent Injunction shall be binding upon and 27 inure to the benefit of the parties and all successors, assigns, officers, affiliated 28 companies, directors, members, agents, and other persons who are in active concert -5- 1 or participation with anyone described herein, who receive actual notice of this 2 Permanent Injunction by personal service or otherwise. 3 5. Continuing Jurisdiction. This Court shall retain jurisdiction to enforce 4 this Permanent Injunction and the parties’ agreements made herein. 5 6. No Territorial Limit. This Permanent Injunction shall be enforceable 6 against any of Defendants for any acts that violate this Permanent Injunction that 7 occur inside and/or outside of the United States of America. 8 7. Waiver of Appellate Rights. This Permanent Injunction is not 9 appealable. 10 11 Dated: July 5, 2024 12 13 14 15 Dated: July 5, 2024 16 17 18 19 /s/Joseph Trojan R. Joseph Trojan Attorney for Defendant CHERI LIU Dated: July 5, 2024 /s/Joseph Trojan R. Joseph Trojan Attorney for Defendant JUSTIN OH 22 23 24 25 26 SO ORDERED. Date: July 08, 2024 Honorable Mónica Ramírez Almadani United States District Judge 27 28 By /s/Joseph Trojan R. Joseph Trojan Attorney for Defendant GOOD FASTENER LLC Dated: July 5, 2024 20 21 By /s/Paul A. Bost Jill M. Pietrini Theodore C. Max Paul A. Bost Attorneys for Plaintiff CHANEL, INC. SMRH:4854-8054-6883.4 -6-

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