Levi Strauss & Co. v. Machine Jeans, Inc.
Filing
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Order granting final Judgment and Permanent Injunction. Signed by Judge Susan Illston on 11/20/14. (tfS, COURT STAFF) (Filed on 11/20/2014)
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KILPATRICK TOWNSEND & STOCKTON LLP
GREGORY S. GILCHRIST (Bar # 111536)
GIA L. CINCONE (Bar # 141668)
Two Embarcadero Center, 8th Floor
San Francisco, California 94111
Telephone: (415) 576-0200
Facsimile: (415) 576-0300
Email: ggilchrist@kilpatricktownsend.com, gcincone@kilpatricktownsend.com
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Attorneys for Plaintiff
LEVI STRAUSS & CO.
Lynda J. Zadra-Symes (SBN 156511)
lynda.zadrasymes@knobbe.com
Jeffrey L. Van Hoosear (SBN 147751)
jeff.vanhoosear@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: (949) 760-0404
Facsimile: (949) 760-9502
Attorneys for Defendant
MACHINE JEANS, INC.
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LEVI STRAUSS & CO.,
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Case No. 4:14-cv-04194 SI
Plaintiff,
STIPULATION TO FINAL
JUDGMENT AND PERMANENT
INJUNCTION
v.
MACHINE JEANS, INC.,
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Defendant.
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Plaintiff Levi Strauss & Co. and Defendant Machine Jeans, Inc. hereby stipulate to the facts
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and conclusions contained in the attached Final Judgment and Permanent Injunction, and consent to its
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entry by the Court.
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STIPULATION TO FINAL JUDGMENT
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Levi Strauss & Co. v. Machine Jeans, Inc.
Case No. 4:14-cv-04194 SI
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DATED: November 19, 2014
Respectfully submitted,
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KILPATRICK TOWNSEND & STOCKTON LLP
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By: /s/ Gia Cincone
Gia Cincone
Attorneys for Plaintiff
LEVI STRAUSS & CO.
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DATED: November 19, 2014
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KNOBBE, MARTENS, OLSON & BEAR, LLP
By: /s/ Jeffrey L. Van Hoosear
Jeffrey L. Van Hoosear
Attorneys for Defendant
MACHINE JEANS, INC.
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ATTESTATION CLAUSE REGARDING SIGNATURES
Pursuant to Local Rule No. 5-1(i)(3) regarding signatures, I attest under penalty of perjury that
I have on file permission to sign for counsel indicated by a “conformed” signature within this e-filed
document.
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/s/Gia L. Cincone
Gia L. Cincone
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FINAL JUDGMENT
AND PERMANENT INJUNCTION
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Levi Strauss & Co. v. Machine Jeans, Inc.
Case No. 4:14-cv-04194 SI
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LEVI STRAUSS & CO.,
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Plaintiff,
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Case No. 4:14-cv-04194 SI
[PROPOSED] FINAL JUDGMENT
AND PERMANENT INJUNCTION
v.
MACHINE JEANS, INC.,
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Defendant.
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Plaintiff Levi Strauss & Co. (“LS&Co.”) has filed a Complaint alleging trademark
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infringement, dilution, and unfair competition under federal and California law against defendant
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Machine Jeans, Inc. (“Machine Jeans”). LS&Co. alleges that Machine Jeans has manufactured,
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distributed, promoted, and sold denim jeans under the brand name MACHINE JEANS that violate
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LS&Co.’s rights in its federally registered Arcuate Stitching Design and Tab trademarks.
The Court now enters final judgment based upon the following undisputed facts. Each party
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has waived the right to appeal from this final judgment and each party will bear its own fees and costs
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in connection with this action.
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I.
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FACTS AND CONCLUSIONS
A.
This Court has subject matter jurisdiction over this lawsuit and personal jurisdiction
over Machine Jeans. Venue is proper in this Court.
B.
LS&Co. owns the following trademarks, which are registered as indicated below.
These trademarks are referred to collectively as the “LS&Co. Trademarks.”
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The Arcuate Stitching Design Trademark. LS&Co. owns, among others, the
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following United States and California registrations for its Arcuate trademark as used on jeans and
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other casual apparel:
a.
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U.S. Registration No. 1,139,254 (first used as early as 1873; registered
September 2, 1980);
FINAL JUDGMENT
AND PERMANENT INJUNCTION
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Levi Strauss & Co. v. Machine Jeans, Inc.
Case No. 4:14-cv-04194 SI
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b.
c.
d.
registered August 24, 1988).
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2.
a.
b.
c.
d.
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f.
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Registration No. 1,157,769 (first used as early as September 1, 1936;
registered June 16, 1961).
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Registration No. 775,412 (first used as early as October 9, 1957;
registered August 18, 1964);
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Registration No. 774,625 (first used as early as May 22, 1963; registered
August 4, 1964);
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Registration No. 577,490 (first used as early as September 1, 1936;
registered July 21, 1953);
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Registration No. 516,561 (first used as early as September 1, 1936;
registered October 18, 1949);
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Registration No. 356,701 (first used as early as September 1, 1936;
registered May 10, 1938);
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The Tab Device Trademark. LS&Co. owns, among others, the following
United States registrations for its Tab trademark as used on jeans and other casual apparel:
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California Registration No. 088399 (first used as early as 1873;
December 16, 2003);
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U.S. Registration No. 2,794,649 (first used as early as 1873; registered
November 16, 1943);
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U.S. Registration No. 404,248 (first used as early as 1873; registered
C.
Machine Jeans has manufactured, distributed, promoted, and sold jeans under the brand
name MACHINE JEANS that display the stitching designs illustrated in Exhibit A (the “Machine
Designs”) and the pocket tab illustrated in Exhibit B (the “Machine Tab”).
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II.
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PERMANENT INJUNCTION
It is hereby ordered and adjudged as follows:
A.
Machine Jeans shall pay the sum of $10,000.00 to LS&Co. within 15 (fifteen) days of
entry of this Judgment. Payment shall be made by wire transfer to the following account:
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FINAL JUDGMENT
AND PERMANENT INJUNCTION
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Levi Strauss & Co. v. Machine Jeans, Inc.
Case No. 4:14-cv-04194 SI
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Bank of America, N.A.
Swift Code: BOFAUS3N
Beneficiary Name Levi Strauss & Co.
Beneficiary Account Number 1233502255
Routing Number 026009593
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B.
Commencing as of the “So Ordered” date of this Final Judgment and Permanent
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Injunction, Machine Jeans, its principals, agents, employees, officers, directors, servants, privies,
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parents, subsidiaries, successors, and assigns, and all persons acting in concert or participating with it
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or under its control who receive actual notice of this Order, are hereby permanently enjoined and
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restrained, anywhere in the world, directly or indirectly, from doing, authorizing or procuring any
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persons to do any of the following:
1.
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Manufacturing, licensing, selling, offering for sale, distributing, importing,
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exporting, advertising, promoting, or displaying any garment that displays any of the Machine
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Designs or the Machine Tab, or any other design that is substantially similar to the LS&Co.
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Trademarks or to any of the Machine Designs or the Machine Tab;
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Using or filing applications, now or in the future, for the registration of any of
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the Machine Designs or the Machine Tab, or any other trademarks, designs, or other intellectual
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property that is substantially similar to the LS&Co. Trademarks or to any of the Machine Designs or
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the Machine Tab; and
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3.
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act prohibited by this paragraph.
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C.
Assisting, aiding or abetting any person or entity engaging in or performing any
If Machine Jeans is found to be in contempt of this injunction by a court of law, it
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agrees that it will pay $10,000.00 to LS&Co. as a liquidated penalty to compensate for attorneys’ fees
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in this proceeding and in enforcement proceedings, plus any other non-duplicative penalties or
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damages arising from the contempt.
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D.
This Court shall retain jurisdiction for the purpose of making any further orders
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necessary or proper for the construction or modification of this Judgment, the enforcement thereof,
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and/or the punishment for any violations thereof. If LS&Co. commences an action for enforcement of
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this Judgment, the prevailing party shall be awarded reasonable attorneys’ fees and costs from the
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other party.
FINAL JUDGMENT
AND PERMANENT INJUNCTION
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Levi Strauss & Co. v. Machine Jeans, Inc.
Case No. 4:14-cv-04194 SI
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IT IS SO ORDERED.
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11/20/14
DATED: __________________
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_________________________________
Hon. Susan Illston
United States District Judge
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FINAL JUDGMENT
AND PERMANENT INJUNCTION
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Levi Strauss & Co. v. Machine Jeans, Inc.
Case No. 4:14-cv-04194 SI
Exhibit A
Exhibit A-1
Exhibit A-2
Exhibit A-3
Exhibit A-4
Exhibit A-5
Exhibit A-6
Exhibit B
Exhibit B
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