Williams-Sonoma, Inc. v. Ideana.com et al

Filing 7

ORDER re 6 Stipulation filed by Williams-Sonoma, Inc.. Signed by Judge Maria-Elana James on 2/5/08. (mejlc2, COURT STAFF) (Filed on 2/5/2008)

Williams-Sonoma, Inc. v. Ideana.com et al

Doc. 7

Case 3:07-cv-05365-MEJ

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Filed 02/05/2008

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1 TOWNSEND AN TOWNSEND AN CREW LLP
GREGORY S. GILCHRST (Bar # 111536) 2 TALI L. ALBAN (Bar # 233694)
Two Embarcadero Center, 8th Floor
3 San Francisco, Californa 94111

Telephone: [phone]
4 Facsimile: [phone]

gsgilchrst(itownend.com;
5 tlalban(itownsend.com

6 Attorneys for Plaintiff Willam-Sonoma, Inc.
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UNTED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORN
Case No. 3:07-CY-5365-MEJ

11 WILIAS-SONOMA INC.
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Plaintiff,
v.

14 IDEANA.COM, a Calforna Company, and NASSERY OZEIR, an individual
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(PROPOSED) FIAL JUGMENT UPON CONSENT AND PERMNT INJUCTION

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1.
Plaitiff

Defendants.

Wiliams-Sonoma, Inc. ("WSl') has filed a Complaint alleging copyrght

1 9 ingement, trademark inngement, counterfeiting and false designation of ongin, dilution, and
20 unai competition under federal and Californa law against defendats Ideana.com ("Ideana") and

21 Nassery Ozeir (collectively, "Defendants"). WSI alleges that Defendants have engaged in a practice

22 of electronically copyig product images displayed in WSI's Pottery Bar brand catalogs and
23 converting them to their own use and that such practices inftge WSI's intellectual property nghts

24 and causes WSI irreparable han and competitive disadvantage. The Cour now enters fial
25 judgment based upon the following stipulated facts.

26 i.
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STIPULATED FACTS AND CONCLUSIONS
A.

This Cour has subject matter juusdiction over this lawsuit and personal jurisdiction

28 over Defendants. Yenue is proper in ths Cour.
(pROPOSED) FINAL JUGMENT UPON CONSENT AND PERMANNT INJUCTION
Willams-Sonoma, Inc. v.Ideana.com, etal., Case No. 3:07-CY-5365-MEJ
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Dockets.Justia.com

Case 3:07-cv-05365-MEJ

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Filed 02/05/2008

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B.

WSI owns a federal trademark registration for POTTERY BAR (Registration No.

2 2021077; first used Apnl of 1956; registered on December 3, 1996) for use on a vaaety of furniture
3 and home fushings. This registration, and all other WSI registrations, applications, and common

4 law marks incorporating the Pottery Bar(( name, includig "PB," which is a common consumer
5 reference to WSI's ''Pottery Bar" brands, wil be referred to collectively hereafter as "Pottery Bar

6 Marks." WSI also owns valid copyrght registrations for its Pottery Bar(( catalogs.
7

C.

Defendant Ideana is a Californa company based in Alameda County, Californa.

8 Ideana is owned and operated by defendant Nassery Ozeir. At the time of fiing ofthe lawsuit,

9 Defendants operated a website though which Defendants advertised and sold home fushings.
10 Defendants also advertised their products though Internet classified listigs.
11

D.

Defendants have made electronic copies ofWSI's copyrghted images and displayed

12 them on their website and in Internet classified advertisements in order to sell their own products. In
13 addition, Defendants promoted and sold futue and other home items using the Pottery Bar Mark,
14 includig proclaiing that they sell "Pottery Bar Style" futue and embedding the words "pottery

15 bar" into its Craigslist.org advertsements so that searches for the Pottery Bar(( mark and products
16 on Craigstlist.org would also yield Defendants' own advertsements, featug the stolen images from

17 WSI's catalogs.
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E.

WSI alleges that the Defendants' practices descnbed above created consumer

19 confsion, were deceptive and caused WSI irreparable har.

20 II.
22

ORDER AND INJUCTION

21 It is hereby ordered and adjudged as follows:
1.

Defendants shall pay the sum of $ 1 ,000 to WSI in two equal payments of $500 each, to

23 be paid in full by Febru 29, 2008.
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2.
Commencing as of

the "So Ordered" date ofthis Final Judgment and Permanent

25 Injunction, Defendants, including its pnncipals, agents, employees, officers, directors, servants,
26 successors, and assigns, and all persons acting in concert or parcipating with it or under its control
27 who receive actual notice of

ths Order, are hereby permanently enjoined and restrained, directly or

28 indirectly, ftom doing, authonzing or procuung any persons to do any of

the following:
2

AN PERMNT INJUCTION

(PROPOSED) FINAL JUGMENT UPON CONSENT
Wiliams-Sonoma, Inc. v.Ideana.com, etal., Case No. 3:07-CV-5365-MEJ

Case 3:07-cv-05365-MEJ

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a.

using any WSI propneta or copyrghted image in connection with any

2 advertising or promotion of

Defendants' products, including advertising or promotion through its

3 website, though online classified advertisements, or in any other way;

4

b.

using the Wiliams-Sonoma((, Pottery Bar((, Pottery Bar Kids((, PB Teen((,

5 West Elm(( trademarks, or any other Wiliams-Sonoma brand nae or trademark in connection with
6 any advertsing or promotion of Defendants' products or services, including advertising or promotion

7 though any website, though online classified advertisements, or in any other way;
8

c.

any practice, whether explicitly forbidden by ths agreement or not, that (a) is

9 liely to cause consumer confion or misapprehension about any relationship, afliation, sponsorship
10 or other connection between Defendats and Wiliams-Sonoma((, Pottery Bar((, West Elm((, Pottery

11 Bar Kids((, PB Teen((, or any other Wiliams-Sonoma brand, or (b) tends to deceive consumers that
12 (i) Defendats sell authentic WSI products; or tht (ii) Defendants' products are equal or equivalent
13 quality as WSI products if

they are not.

14

3.

Each par has waived the nght to appeal ftom ths fial judgment and each pary wil

15 bear its own fees and costs in connection with ths action.
16

4.

This Cour shall retain juusdiction for the purose of makg any fuer orders
ths Judgment, the enforcement thereof,

17 necessar or proper for the constrction or modification of

18 and/or the punshment for any violations thereof.

19 II
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AND PERNT INJUCTION

(PROPOSED) FINAL JUGMENT UPON CONSENT
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Williams-Sonoma, Inc. v.Ideana.com, et aI., Case No. 3:07-CY-5365-MEJ

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Case 3:07-cv-05365-MEJ

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5.

In the event that Defendants violate the terms of

ths Judgment, Defendants shall pay

2 WSI for WSI's reasonable attorney's fees and costs incured in this action and any enforcement or
3 contempt proceedings agaist Defendants. For any futue proceeding to enforce the terms of

this

4 Judgment, service by mail upon a pary or their counsel of record at their last known address shall be
5 adequate notice for each pary.

6

7

8 IT is SO ORDERED AN ADJUGED.
UNIT ED

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ISTRIC ES D TC AT T

DATED: February 4, 2008
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F D IS T IC T O R

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(PROPOSED) FINAL JUGMENT UPON CONSENT

AND PERMNT INJUCTION
Willams-Sonoma, Inc. v.Ideana.com, et al., Case No. 3:07-CY-5365-MEJ

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FO

Hon. Maaa-Elena rJames James ia-Elena Ju Magistrate Judge United Statesdge Ma
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O IT IS S

ORDER

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