Coach Services, Inc. v. California Smiles et al

Filing 31

ORDER RE: CONSENT JUDGMENT re 30 Stipulation filed by Coach Services, Inc. Signed by Judge James Larson on 8/23/10. (jlsec, COURT STAFF) (Filed on 8/23/2010)

Coach Services, Inc. v. California Smiles et al

Doc. 31

Case3:09-cv-06036-JL Document30-1

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Brent H. Blakely (SBN 157292) [e-mail] Cindy Chan (SBN 247495) [e-mail] BLAKELY LAW GROUP 915 North Citrus Avenue Hollywood, California 90038 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Coach Services, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

COACH SERVICES, INC., a Maryland Corporation,

) CASE NO. CV 09-6036 JL ) ) [PROPOSED] ORDER RE Plaintiff, ) CONSENT JUDGMENT vs. ) INCLUDING A PERMANENT ) INJUNCTION AND VOLUNTARY CALIFORNIA SMILES, an unknown ) DISMISSAL OF DEFENDANT business entity; C & K GIFTS, an unknown ) CALIFORNIA SMILES business entity; XIU JING YE a/k/a ) CRYSTAL YE, an individual; JING CHEN, ) an individual dba GOOD FASHION ZOO; ) FERNANDO VISEV, an individual dba LA ) BELLA BOUTIQUE; SANDY HUI XUAN ) WEN, an individual; ZHAO YUE ZHEN, an ) unknown business entity; LIN SHELLEY ) XUE HUA, an individual; NEW CWK ) GIFT SHOP, INC., a California ) Corporation; DE LI CHEN a/k/a SIMON ) CHEN, an individual; and DOES 1-10, ) inclusive, ) ) ) Defendants. ) California Smiles ( Defendant ) have entered into a Settlement Agreement and Mutual Release as to the claims in the above referenced matter. Defendant, having agreed to consent to the below terms, it is hereby:

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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT CALIFORNIA SMILES Dockets.Justia.com

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ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 1. This Court has jurisdiction over the parties to this Final Judgment and has

jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 2. C mposite trademarks and assor o oach Marks include but are not limited to the following marks:

Mark

U.S. Registration No(s). Registration Date 751, 493 1,071,000 2,088,706 3,157,972 3,413,536 3,251,315 06/25/1963 08/09/1977 08/19/1997 10/17/2006 04/15/2008 06/12/2007

3,441,671

06/03/2008

2,252,847 2,534,429 1,309,779 2,045,676 2,169,808 2,592,963 2,626,565 2,822,318 2,832,589
2

06/15/1999 01/29/2002 12/18/1984 03/18/1997 06/30/1998 07/09/2002 09/24/2002 03/16/2004 04/13/2004

[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT CALIFORNIA SMILES

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2,822,629 3,695,290 3,696,470

03/16/2004 10/13/2009 10/13/2009

3,012,585

11/08/2005

o an assortment of different sizes, pa n wns the copyright registration (U.S. Reg. No. VA0001228917). Coach introduced the Op Art Mark in 2008. S ucts exhibit

composites of the Op Art Mark in an assortment of different sizes, patterns, and colors The Coach Marks, Coach copyright (U.S. Reg. No. VA0001228917), CC Design, and Op Art Design will hereinafter be referred to Properties Plaintiffs have alleged that Defen purchase and sale of products which infringe upon one or more of the Coach Properties constitutes trademark infringement, copyright infringement, and unfair competition under the Copyright Act, 17 U.S.C. § 501, et seq., the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and under the common law. 5. Defendant and her agents, servants, employees and all persons in active

concert and participation with her who receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon the Coach Properties, either directly or contributorily, in any manner, including but not limited to:
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT CALIFORNIA SMILES

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(a)

Manufacturing, importing, purchasing, distributing, advertising,

offering for sale, and/or selling any products which bear marks/designs identical, substantially similar, and/or confusingly similar to the Coach Properties; (b) Using the Coach Marks or any reproduction, counterfeit, copy or

colorable imitation thereof in connection with the manufacture, importation, distribution, advertisement, offer for sale and/or sale of merchandise; (c) Passing off, inducing or enabling others to sell or pass off any genuine Coach

products or other items that are not Coach merchandise; (d)

Leasing space to any tenant who is engaged in the manufacturing,

purchasing, production, distribution, circulation, sale, offering for sale, importation, exportation, advertisement, promotion, display, shipping, marketing of products which bear marks/designs identical, substantially similar, and/or confusingly similar to the Coach Properties; (e) Committing any other acts calculated to cause purchasers to believe products are Coach (f) andise unless they are such;

Shipping, delivering, holding for sale, distributing, returning,

transferring or otherwise moving, storing or disposing of in any manner items falsely bearing the Coach Properties, or any reproduction, counterfeit, copy or colorable imitation thereof; and (g) Assisting, aiding or attempting to assist or aid any other person or

entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 4(f) above. 6. The parties have agreed that Defendant shall pay to Plaintiff an amount in demand for damages, profits, costs, disbursements, and alleged infringing activities. Plaintiff and Defendant shall bear their own costs associated with this action.

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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT CALIFORNIA SMILES

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7.

The execution of this Final Judgment shall serve to bind and obligate the

parties hereto. 8. The jurisdiction of this Court is retained for the purpose of making any

further orders necessary or proper for the construction or modification of this Final Judgment, the enforcement thereof and the punishment of any violations thereof. Except as otherwise provided herein, this action is fully resolved with prejudice as to Defendant California Smiles.

IT IS SO ORDERED.

DATED: _____________, 2010

August 23

__________________________ Hon. James Larson United States Magistrate Judge

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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT CALIFORNIA SMILES