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)

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Williams-Sonoma, Inc. v. Ideana.com et al Doc. 7 Case 3:07-cv-05365-MEJ Document 7 Filed 02/05/2008 Page 1 of 4 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: (415) 576-0200 4 Facsimile: (415) 576-0300 gsgilchrst(itownend.com; 5 tlalban(itownsend.com 6 Attorneys for Plaintiff Willam-Sonoma, Inc. 7 8 UNTED STATES DISTRICT COURT 9 10 FOR THE NORTHERN DISTRICT OF CALIFORN Case No. 3:07-CY-5365-MEJ 11 WILIAS-SONOMA INC. 12 13 Plaintiff, v. 14 IDEANA.COM, a Calforna Company, and NASSERY OZEIR, an individual 15 (PROPOSED) FIAL JUGMENT UPON CONSENT AND PERMNT INJUCTION 16 17 18 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. 27 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 1 Dockets.Justia.com Case 3:07-cv-05365-MEJ Document 7 Filed 02/05/2008 Page 2 of 4 1 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. 18 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. 24 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 Document 7 Filed 02/05/2008 Page 3 of 4 1 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 20 21 11/ 1// 1// 22 23 11 1// 1/1 24 25 26 27 28 1// 1// 1/1 AND PERNT INJUCTION (PROPOSED) FINAL JUGMENT UPON CONSENT 3 Williams-Sonoma, Inc. v.Ideana.com, et aI., Case No. 3:07-CY-5365-MEJ , Case 3:07-cv-05365-MEJ Document 7 Filed 02/05/2008 Page 4 of 4 1 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 9 10 S ISTRIC ES D TC AT T DATED: February 4, 2008 11 13 ER N F D IS T IC T O R 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (PROPOSED) FINAL JUGMENT UPON CONSENT AND PERMNT INJUCTION Willams-Sonoma, Inc. v.Ideana.com, et al., Case No. 3:07-CY-5365-MEJ A C LI 12 FO Hon. Maaa-Elena rJames James ia-Elena Ju Magistrate Judge United Statesdge Ma NO R NIA O IT IS S ORDER ED RT U O RT H 4

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