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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1 2 3 4 5 6 7 8 9 10 11 12 KENNETH E. KELLER (SBN 71450) ANNE E. KEARNS (SBN: 183336) KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP 555 Montgomery Street, 17th Floor San Francisco, California 94111-2541 Telephone: (415) 249-8330 Facsimile: (415) 249-8333 Attorneys for Plaintiff Tiffany (NJ), LLC JEFFREY G. NEVIN (SBN 114295) VALERIAN, PATTERSON & STRATMAN 1650 Harbor Bay Parkway, Suite 100 Alameda, California 94502 Telephone: (510) 521-0612 Facsimile: (510) 337-0125 Email: Attorneys for Defendants MIKI BOUTIQUE, INC., a dissolved California Corporation; MEI NG, an individual, individually and jointly, d/b/a YUKI BOUTIQUE 13 14 15 16 17 18 19 20 21 22 23 24 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 25 California corporation, and Mei Ng, an individual, individually and jointly, d/b/a Yuki Boutique 26 (collectively the “Defendants”) stipulate and consent to the following: 27 28 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 -1 STIPULATED PERMANENT INJUNCTION Case No.: CV 11-1563 MMC 1 trademarks: , , TIFFANY & CO., and TIFFANY (collectively the “Tiffany 2 Marks”) as identified in Paragraph 7 of Tiffany’s Complaint; 3 WHEREAS, without the admission of any liability, the parties desire to settle and have 4 amicably resolved their dispute to each of their satisfaction; and 5 WHEREAS, based upon Tiffany’s good faith prior use of the Tiffany Marks, Tiffany has 6 superior and exclusive rights in and to the Tiffany Marks in the United States and any confusingly 7 similar names or marks. 8 IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that: 9 1. The Defendants and their respective officers, agents, servants, employees and 10 attorneys, and all persons in active concert and participation with them are hereby permanently 11 restrained and enjoined from intentionally and/or knowingly: 12 A. manufacturing or causing to be manufactured, importing, advertising, or 13 promoting, distributing, selling or offering to sell counterfeit and infringing 14 goods bearing the Tiffany Marks; 15 B. using the Tiffany Marks in connection with the sale of any unauthorized 16 goods; 17 C. using any logo, and/or layout which may be calculated to falsely advertise 18 the services or products of the Defendants as being sponsored by, authorized 19 by, endorsed by, or in any way associated with the Plaintiff; 20 D. falsely representing the Defendants as being connected with the Plaintiff, 21 through sponsorship or association, 22 E. engaging in any act which is likely to falsely cause members of the trade 23 and/or of the purchasing public to believe any goods or services of the 24 Defendants, are in any way endorsed by, approved by, and/or associated 25 with the Plaintiff; 26 F. using any reproduction, counterfeit, copy, or colorable imitation of the 27 Tiffany Marks in connection with the publicity, promotion, sale, or 28 -2 STIPULATED CONSENT PERMANENT INJUNCTION Case No.: CV 11-1563 MMC 1 advertising of any goods sold by the Defendants, including, without 2 limitation, bracelets, necklaces, earrings, and rings; 3 G. affixing, applying, annexing or using in connection with the sale of any 4 goods, a false description or representation, including words or other 5 symbols tending to falsely describe or represent the Defendants’ goods as 6 being those of the Plaintiff, or in any way endorsed by the Plaintiff; 7 H. offering such goods in commerce; and from otherwise unfairly competing 8 with the Plaintiff. 9 I. secreting, destroying, altering, removing, or otherwise dealing with the 10 unauthorized products or any books or records which contain any 11 information relating to the importing, manufacturing, producing, 12 distributing, circulating, selling, marketing, offering for sale, advertising, 13 promoting, renting or displaying of all unauthorized products which infringe 14 the Tiffany Marks; and 15 J. effecting assignments or transfers, forming new entities or associations or 16 utilizing any other device for the purpose of circumventing or otherwise 17 avoiding the prohibitions set forth in subparagraphs (A) through (I). 18 2. Plaintiff shall have the right to seek all legal and equitable remedies that the Court 19 deems appropriate, and such other relief deemed proper in the event of a violation or failure by the 20 Defendants to comply with any of the provisions hereof. The prevailing party in any such 21 proceeding shall be entitled to recover its attorneys’ fees and costs. 22 3. The causes of action between Tiffany and the Defendants are hereby dismissed with 23 prejudice, subject to the terms of the Settlement Agreement between the parties. This Permanent 24 Injunction shall be conclusive for purposes of collateral estoppel regarding all issues that have been 25 or could have been brought on the same operative facts. 26 4. The parties’ respective attorney’s fees and costs incurred in connection with this 27 action shall be borne as per the agreement of the individual parties in their Settlement Agreement. 28 -3 STIPULATED CONSENT PERMANENT INJUNCTION Case No.: CV 11-1563 MMC 1 5. This Court will retain continuing jurisdiction over this cause to enforce the terms of 2 this Permanent Injunction and the Settlement Agreement between the parties. 3 6. All counterfeit Tiffany branded products seized on April 5, 2011 and/or any Tiffany 4 branded products currently in the possession, custody and/or control of the Defendants required to 5 be surrendered to Tiffany under the terms of the parties’ settlement, shall be destroyed under the 6 direction of Tiffany. 7 8 9 IT IS SO ORDERED. 10 11 January 18 12 Dated: _________________, 20____. 12 13 14 ________________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4 STIPULATED CONSENT PERMANENT INJUNCTION Case No.: CV 11-1563 MMC

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