Tiffany (NJ), LLC v. Miki Boutique, Inc et al

Filing 57

STIPULATED PERMANENT INJUNCTION. Signed by Judge Maxine M. Chesney on January 18, 2012. (mmclc2, COURT STAFF) (Filed on 1/18/2012)

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KENNETH E. KELLER (SBN 71450) [e-mail]
ANNE E. KEARNS (SBN: 183336) [e-mail]
KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
555 Montgomery Street, 17th Floor
San Francisco, California 94111-2541
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff Tiffany (NJ), LLC
JEFFREY G. NEVIN (SBN 114295)
VALERIAN, PATTERSON & STRATMAN
1650 Harbor Bay Parkway, Suite 100
Alameda, California 94502
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
MIKI BOUTIQUE, INC., a dissolved California
Corporation; MEI NG, an individual, individually
and jointly, d/b/a YUKI BOUTIQUE

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
)
)
)
)
Plaintiff,
)
v.
)
MIKI BOUTIQUE, INC., a dissolved California )
)
corporation, and MEI NG, an individual,
)
individually and jointly, d/b/a YUKI
)
BOUTIQUE and DOES 1-10,
)
)
Defendants.
)
)
TIFFANY (NJ), LLC, a Delaware limited
liability company,

Case No. CV 11-1563 MMC
STIPULATED PERMANENT
INJUNCTION

Plaintiff, Tiffany (NJ), LLC (“Tiffany”) and Defendants, Miki Boutique, Inc., a dissolved

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California corporation, and Mei Ng, an individual, individually and jointly, d/b/a Yuki Boutique

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(collectively the “Defendants”) stipulate and consent to the following:

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WHEREAS, the Defendants allegedly adopted and began using trademarks in the United
States which allegedly infringe and dilute the distinctive quality of Tiffany’s various registered
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Case No.: CV 11-1563 MMC

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trademarks:

,

, TIFFANY

& CO., and TIFFANY (collectively the “Tiffany

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Marks”) as identified in Paragraph 7 of Tiffany’s Complaint;
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WHEREAS, without the admission of any liability, the parties desire to settle and have
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amicably resolved their dispute to each of their satisfaction; and
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WHEREAS, based upon Tiffany’s good faith prior use of the Tiffany Marks, Tiffany has
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superior and exclusive rights in and to the Tiffany Marks in the United States and any confusingly
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similar names or marks.
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IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:
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1.

The Defendants and their respective officers, agents, servants, employees and

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attorneys, and all persons in active concert and participation with them are hereby permanently
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restrained and enjoined from intentionally and/or knowingly:
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A.

manufacturing or causing to be manufactured, importing, advertising, or

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promoting, distributing, selling or offering to sell counterfeit and infringing
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goods bearing the Tiffany Marks;
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B.

using the Tiffany Marks in connection with the sale of any unauthorized

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goods;
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C.

using any logo, and/or layout which may be calculated to falsely advertise

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the services or products of the Defendants as being sponsored by, authorized
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by, endorsed by, or in any way associated with the Plaintiff;
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D.

falsely representing the Defendants as being connected with the Plaintiff,

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through sponsorship or association,
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E.

engaging in any act which is likely to falsely cause members of the trade

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and/or of the purchasing public to believe any goods or services of the
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Defendants, are in any way endorsed by, approved by, and/or associated
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with the Plaintiff;
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F.

using any reproduction, counterfeit, copy, or colorable imitation of the

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Tiffany Marks in connection with the publicity, promotion, sale, or
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advertising of any goods sold by the Defendants, including, without
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limitation, bracelets, necklaces, earrings, and rings;
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G.

affixing, applying, annexing or using in connection with the sale of any

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goods, a false description or representation, including words or other
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symbols tending to falsely describe or represent the Defendants’ goods as
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being those of the Plaintiff, or in any way endorsed by the Plaintiff;
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H.

offering such goods in commerce; and from otherwise unfairly competing

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with the Plaintiff.
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I.

secreting, destroying, altering, removing, or otherwise dealing with the

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unauthorized products or any books or records which contain any
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information relating to the importing, manufacturing, producing,
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distributing, circulating, selling, marketing, offering for sale, advertising,
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promoting, renting or displaying of all unauthorized products which infringe
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the Tiffany Marks; and
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J.

effecting assignments or transfers, forming new entities or associations or

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utilizing any other device for the purpose of circumventing or otherwise
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avoiding the prohibitions set forth in subparagraphs (A) through (I).
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2.

Plaintiff shall have the right to seek all legal and equitable remedies that the Court

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deems appropriate, and such other relief deemed proper in the event of a violation or failure by the
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Defendants to comply with any of the provisions hereof. The prevailing party in any such
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proceeding shall be entitled to recover its attorneys’ fees and costs.
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3.

The causes of action between Tiffany and the Defendants are hereby dismissed with

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prejudice, subject to the terms of the Settlement Agreement between the parties. This Permanent
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Injunction shall be conclusive for purposes of collateral estoppel regarding all issues that have been
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or could have been brought on the same operative facts.
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4.

The parties’ respective attorney’s fees and costs incurred in connection with this

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action shall be borne as per the agreement of the individual parties in their Settlement Agreement.
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5.

This Court will retain continuing jurisdiction over this cause to enforce the terms of

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this Permanent Injunction and the Settlement Agreement between the parties.
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6.

All counterfeit Tiffany branded products seized on April 5, 2011 and/or any Tiffany

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branded products currently in the possession, custody and/or control of the Defendants required to
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be surrendered to Tiffany under the terms of the parties’ settlement, shall be destroyed under the
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direction of Tiffany.
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IT IS SO ORDERED.

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January 18
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Dated: _________________, 20____.

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________________________________________
THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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Case No.: CV 11-1563 MMC