Coach Services, Inc. v. Hollywood Too, LLC et al
Filing
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CONSENT JUDGMENT, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 3/29/13. (lrc, COURT STAFF) (Filed on 3/29/2013)
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Brent H. Blakely (SBN 157292)
bblakely@blakelylawgroup.com
Cindy Chan (SBN 247495)
cchan@blakelylawgroup.com
BLAKELY LAW GROUP
915 North Citrus Avenue
Hollywood, California 90038
Telephone: (323) 464-7400
Facsimile: (323) 464-7410
Attorneys for Plaintiff
Coach Services, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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) CASE NO. CV 09-5920 SBA
)
) [PROPOSED] ORDER RE
) CONSENT JUDGMENT
Plaintiff,
) INCLUDING A PERMANENT
vs.
) INJUNCTION AND VOLUNTARY
HOLLYWOOD TOO, L.L.C., a California ) DISMISSAL OF DEFENDANTS
Limited Liability Company; KATY CHAN, ) D D E G, INC. dba BARGAINS OF
) CHINATOWN and DON DOMINIC
an individual; KIMMY CHAN, an
) GABRIEL
individual; D D E G, INC., a California
)
Corporation dba BARGAINS OF
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CHINATOWN; DON DOMINIC
GABRIEL, an individual; CHINATOWN )
BARGAIN DEPOT, an unknown business )
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entity; MICHELLE FANG, an individual
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dba FASHION OUTLET; H & S
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FASHIONS, LLC, a California Limited
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Liability Company; JIN SUI FANG, an
unknown business entity; NANCY CAI, an )
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individual dba NANCY’S FASHION;
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MEI NG, an individual dba YUKI
BOUTIQUE; Y & Y GIFT SHOP, INC., a )
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California Corporation; YINER LIN, an
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individual; and DOES 1-10, inclusive,
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)
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Defendants.
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COACH SERVICES, INC., a Maryland
Corporation,
Plaintiff Coach Services, Inc. (“Coach”) and Defendants D D E G, Inc. dba
Bargains of Chinatown and Don Dominic Gabriel (“Defendants”) have entered into
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL
WITH PREJUDICE AS TO DEFENDANTS D D E G, INC. DBA BARGAINS OF CHINATOWN AND DON DOMINIC GABRIEL
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a Settlement Agreement and Mutual Release as to the claims in the above referenced
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matter. Defendants, having agreed to consent to the below terms, it is hereby:
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ORDERED, ADJUDGED, and DECREED as among the parties hereto that:
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1.
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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.
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Coach is the worldwide owner of the trademark “COACH” and various
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composite trademarks and assorted design components (collectively “Coach Marks”).
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Coach Marks include but are not limited to the following marks:
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Mark
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“COACH”
U.S. Registration No(s). Registration Date
751, 493
06/25/1963
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1,071,000
08/09/1977
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2,088,706
08/19/1997
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3,157,972
10/17/2006
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3,413,536
04/15/2008
3,251,315
06/12/2007
3,441,671
06/03/2008
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2,252,847
06/15/1999
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2,534,429
01/29/2002
1,309,779
12/18/1984
2,045,676
03/18/1997
2,169,808
06/30/1998
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL
WITH PREJUDICE AS TO DEFENDANTS D D E G, INC. DBA BARGAINS OF CHINATOWN AND DON DOMINIC GABRIEL
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2,592,963
07/09/2002
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2,626,565
09/24/2002
2,822,318
03/16/2004
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2,832,589
04/13/2004
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2,822,629
03/16/2004
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3,695,290
10/13/2009
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3,696,470
10/13/2009
3,012,585
11/08/2005
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Signature “C” Logo
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Coach “Op Art” Mark
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3.
Many of Coach’s products exhibit composites of the Signature “C” logo
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in an assortment of different sizes, patterns, and colors (“CC Design”), to which Coach
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owns the copyright registration (U.S. Reg. No. VA0001228917). Coach introduced
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the Op Art Mark in 2008. Similar to the CC Design, Coach’s products exhibit
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composites of the Op Art Mark in an assortment of different sizes, patterns, and colors
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(“Op Art Design”). The Coach Marks, Coach copyright (U.S. Reg. No.
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VA0001228917), CC Design, and Op Art Design will hereinafter be referred to
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collectively as the “Coach Properties.”
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4.
Plaintiffs have alleged that Defendants’ purchase and sale of products
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which infringe upon one or more of the Coach Properties constitutes trademark
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infringement, copyright infringement, and unfair competition under the Copyright Act,
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17 U.S.C. § 501, et seq., the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and
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under the common law.
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL
WITH PREJUDICE AS TO DEFENDANTS D D E G, INC. DBA BARGAINS OF CHINATOWN AND DON DOMINIC GABRIEL
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5.
Defendants and their agents, servants, employees and all persons in active
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concert and participation with her who receive actual notice of this Final Judgment are
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hereby permanently restrained and enjoined from infringing upon the Coach
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Properties, either directly or contributorily, in any manner, including but not limited to:
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(a)
Manufacturing, importing, purchasing, distributing, advertising,
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offering for sale, and/or selling any products which bear marks/designs identical,
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substantially similar, and/or confusingly similar to the Coach Properties;
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(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;
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(c)
Passing off, inducing or enabling others to sell or pass off any
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products or other items that are not Coach’s genuine merchandise as genuine Coach
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merchandise;
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(d)
Leasing space to any tenant who is engaged in the manufacturing,
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purchasing, production, distribution, circulation, sale, offering for sale, importation,
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exportation, advertisement, promotion, display, shipping, marketing of products which
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bear marks/designs identical, substantially similar, and/or confusingly similar to the
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Coach Properties;
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(e)
Committing any other acts calculated to cause purchasers to believe
that Defendants’ products are Coach’s genuine merchandise unless they are such;
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(f)
Shipping, delivering, holding for sale, distributing, returning,
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transferring or otherwise moving, storing or disposing of in any manner items falsely
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bearing the Coach Properties, or any reproduction, counterfeit, copy or colorable
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imitation thereof; and
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(g)
Assisting, aiding or attempting to assist or aid any other person or
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entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to
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4(f) above.
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL
WITH PREJUDICE AS TO DEFENDANTS D D E G, INC. DBA BARGAINS OF CHINATOWN AND DON DOMINIC GABRIEL
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6.
The parties have agreed that Defendants shall pay to Plaintiff an amount
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in settlement of Plaintiff’s demand for damages, profits, costs, disbursements, and
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attorneys’ fees based upon Defendants’ alleged infringing activities. Plaintiff and
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Defendants shall bear their own costs associated with this action.
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7.
The execution of this Final Judgment shall serve to bind and obligate the
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parties hereto.
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8.
The jurisdiction of this Court is retained for the purpose of making any
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further orders necessary or proper for the construction or modification of this Final
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Judgment, the enforcement thereof and the punishment of any violations thereof.
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Except as otherwise provided herein, this action is fully resolved with prejudice as to
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Defendants D D E G, Inc. dba Bargains of Chinatown and Don Dominic Gabriel.
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This Order is entered nunc pro tunc to the date of the stipulation. The
Clerk shall close the file.
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IT IS SO ORDERED.
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DATED: 3-29-13
__________________________
Saundra Brown Armstrong
United States District Judge
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL
WITH PREJUDICE AS TO DEFENDANTS D D E G, INC. DBA BARGAINS OF CHINATOWN AND DON DOMINIC GABRIEL
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