Chanel Inc. v. The Partnership or Unincorporated Associations Identified on Schedule "A"

Filing 51

ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL DEFAULT JUDGMENT; JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Richard Seeborg on 1/24/14. (cl, COURT STAFF) (Filed on 1/24/2014)

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KENNETH E. KELLER (SBN 71450) [e-mail]
ANNE E. KEARNS (SBN 183336) [e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff CHANEL, INC.

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THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHANEL, INC.,
Plaintiff,

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v.

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THE PARTNERSHIPS OR
UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE “A” and
DOES 1-100,

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Defendants.

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Case No. C-13-02645 RS

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[PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION FOR FINAL
DEFAULT JUDGMENT;
[PROPOSED] JUDGMENT AND
PERMANENT INJUNCTION

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THIS MATTER having come before the Court upon motion by Plaintiff, Chanel, Inc.

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(Chanel”) for entry of a final default judgment of its claims against Defendants

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glamorme.storenvy.com (Defendant 4) and lccboutique.storenvy.com (Defendant 6), partnerships or

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unincorporated associations (collectively “Defendants”) pursuant to Rule 55(b)(2) of the Federal

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Rules of Civil Procedure; and the Court having considered the moving papers and there being no

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opposition thereto;

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IT IS HEREBY ORDERED that Chanel’s Motion for Final Default Judgment is

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GRANTED, and judgment is hereby entered in favor of Plaintiff, Chanel, Inc., a New York

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corporation, with its principal place of business in the United States located at Nine West 57th Street,

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[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION
Case No. C-13-02645 RS

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New York, New York, 10019, and against Defendants glamorme.storenvy.com and

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lccboutique.storenvy.com on all Counts of the Complaint as follows:

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(1)

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Defendants and their respective officers, agents, servants, employees and attorneys, and all

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persons acting in concert and participation with Defendants are hereby permanently restrained and

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enjoined from:

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Permanent Injunctive Relief:

(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 Chanel’s trademarks identified in Paragraph 15 of the
Complaint (the “Chanel Marks”) (ECF 1);

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(b)

goods;

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

(c)

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

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services or products of Defendants offered for sale or sold via the e-stores

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identified on Schedule “A” hereto (collectively the “Subject E-Store Names”)

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and/or any other website or business, as being sponsored by, authorized by,

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endorsed by, or in any way associated with Chanel;

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(d)

sponsorship or association;

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falsely representing themselves as being connected with Chanel, through

(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 Defendants

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offered for sale or sold via the Subject E-Store Names, and/or any other

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website, e-store, or business are in any way endorsed by, approved by, and/or

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associated with Chanel;

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(f)

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

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Marks in connection with the publicity, promotion, sale, or advertising of any

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goods sold by Defendants via the Subject E-Store Names, and/or any other

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[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION
Case No. C-13-02645 RS

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website, e-store, or business, including, without limitation, cases for

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telephones and protective covers for portable electronic devices, including cell

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phones, bearing the Chanel Marks;
(g)

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

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a false description or representation, including words or other symbols tending

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to falsely describe or represent goods offered for sale or sold by Defendants

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via the Subject E-Store Names, and/or any other website, e-store, or business,

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as being those of Chanel or in any way endorsed by Chanel;

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(h)

otherwise unfairly competing with Chanel;

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(i)

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 above; and
(j)

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using of the Chanel Marks, or any confusingly similar trademarks, within

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domain name extensions, metatags or other markers within website source

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code, from use on any webpage (including as the title of any web page), any

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advertising links to other websites, from search engines’ databases or cache

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memory, and any other form of use of such terms which is visible to a

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computer user or serves to direct computer searches to websites and e-stores

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registered by, owned, or operated by Defendants, including the Internet

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commercial e-stores operating under all of the Subject E-Store Names.

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(2)

glamorme.storenvy.com:

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Statutory Damages pursuant to 15 U.S.C. § 1117(c) against Defendant

(3)

$12,000.00

Statutory Damages pursuant to 15 U.S.C. § 1117(c) against Defendant
lccboutique.storenvy.com:

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$12,000.00
$505.00

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(4)

Costs of Suit against Defendants, jointly and severally:

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(5)

All funds currently restrained by PayPal, Inc. (“PayPal”) pursuant to the temporary

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restraining order (ECF 18) and preliminary injunction (ECF 25) in this action for

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[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION
Case No. C-13-02645 RS

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Defendants glamorme.storenvy.com and lccboutique.storenvy.com, are to be

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immediately (within 5 business days) transferred to Chanel in partial satisfaction of

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the monetary judgment entered herein. PayPal shall provide to Chanel at the time the

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funds are released, a breakdown reflecting the (i) total funds restrained in this matter;

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(ii) the total chargebacks, refunds, and/or transaction reversals deducted from the

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funds restrained prior to release; and (iii) the total funds released to the Chanel.

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(6)

by the Clerk.

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The bond posted by Chanel in the amount of $10,000.00 is ORDERED to be released

(7)

Interest from the date this action was filed shall accrue at the legal rate.

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IT IS SO ORDERED

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DATED: _______________
1/24/14

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________________________________
UNITED STATES DISTRICT JUDGE
THE HONORABLE RICHARD SEEBORG

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[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION
Case No. C-13-02645 RS

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SCHEDULE “A”
DEFENDANTS BY NUMBER AND SUBJECT E-STORE NAMES
Defendant
Number Defendant/Subject E-Store Name

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glamorme.storenvy.com

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lccboutique.storenvy.com

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[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION
Case No. C-13-02645 RS