Coach Services, Inc. v. Hollywood Too, LLC et al

Filing 44

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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1 2 3 4 5 6 7 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. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ) 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 ) CHINATOWN; DON DOMINIC GABRIEL, an individual; CHINATOWN ) BARGAIN DEPOT, an unknown business ) ) entity; MICHELLE FANG, an individual ) dba FASHION OUTLET; H & S ) FASHIONS, LLC, a California Limited ) Liability Company; JIN SUI FANG, an unknown business entity; NANCY CAI, an ) ) individual dba NANCY’S FASHION; ) MEI NG, an individual dba YUKI BOUTIQUE; Y & Y GIFT SHOP, INC., a ) ) California Corporation; YINER LIN, an ) individual; and DOES 1-10, inclusive, ) ) ) Defendants. ) ) 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 28 1 [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 1 a Settlement Agreement and Mutual Release as to the claims in the above referenced 2 matter. Defendants, having agreed to consent to the below terms, it is hereby: 3 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 4 1. 5 6 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. 2. Coach is the worldwide owner of the trademark “COACH” and various 7 composite trademarks and assorted design components (collectively “Coach Marks”). 8 Coach Marks include but are not limited to the following marks: 9 10 Mark 11 “COACH” U.S. Registration No(s). Registration Date 751, 493 06/25/1963 12 1,071,000 08/09/1977 13 2,088,706 08/19/1997 14 3,157,972 10/17/2006 15 3,413,536 04/15/2008 3,251,315 06/12/2007 3,441,671 06/03/2008 22 2,252,847 06/15/1999 23 2,534,429 01/29/2002 1,309,779 12/18/1984 2,045,676 03/18/1997 2,169,808 06/30/1998 16 17 18 19 20 21 24 25 26 27 28 2 [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 1 2,592,963 07/09/2002 2 2,626,565 09/24/2002 2,822,318 03/16/2004 4 2,832,589 04/13/2004 5 2,822,629 03/16/2004 6 3,695,290 10/13/2009 7 3,696,470 10/13/2009 3,012,585 11/08/2005 3 Signature “C” Logo 8 9 10 Coach “Op Art” Mark 11 12 13 14 15 16 3. Many of Coach’s products exhibit composites of the Signature “C” logo 17 in an assortment of different sizes, patterns, and colors (“CC Design”), to which Coach 18 owns the copyright registration (U.S. Reg. No. VA0001228917). Coach introduced 19 the Op Art Mark in 2008. Similar to the CC Design, Coach’s products exhibit 20 composites of the Op Art Mark in an assortment of different sizes, patterns, and colors 21 (“Op Art Design”). The Coach Marks, Coach copyright (U.S. Reg. No. 22 VA0001228917), CC Design, and Op Art Design will hereinafter be referred to 23 collectively as the “Coach Properties.” 24 4. Plaintiffs have alleged that Defendants’ purchase and sale of products 25 which infringe upon one or more of the Coach Properties constitutes trademark 26 infringement, copyright infringement, and unfair competition under the Copyright Act, 27 17 U.S.C. § 501, et seq., the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and 28 under the common law. 3 [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 1 5. Defendants and their agents, servants, employees and all persons in active 2 concert and participation with her who receive actual notice of this Final Judgment are 3 hereby permanently restrained and enjoined from infringing upon the Coach 4 Properties, either directly or contributorily, in any manner, including but not limited to: 5 (a) Manufacturing, importing, purchasing, distributing, advertising, 6 offering for sale, and/or selling any products which bear marks/designs identical, 7 substantially similar, and/or confusingly similar to the Coach Properties; 8 9 10 (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; 11 (c) Passing off, inducing or enabling others to sell or pass off any 12 products or other items that are not Coach’s genuine merchandise as genuine Coach 13 merchandise; 14 (d) Leasing space to any tenant who is engaged in the manufacturing, 15 purchasing, production, distribution, circulation, sale, offering for sale, importation, 16 exportation, advertisement, promotion, display, shipping, marketing of products which 17 bear marks/designs identical, substantially similar, and/or confusingly similar to the 18 Coach Properties; 19 20 (e) Committing any other acts calculated to cause purchasers to believe that Defendants’ products are Coach’s genuine merchandise unless they are such; 21 (f) Shipping, delivering, holding for sale, distributing, returning, 22 transferring or otherwise moving, storing or disposing of in any manner items falsely 23 bearing the Coach Properties, or any reproduction, counterfeit, copy or colorable 24 imitation thereof; and 25 (g) Assisting, aiding or attempting to assist or aid any other person or 26 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 27 4(f) above. 28 4 [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 1 6. The parties have agreed that Defendants shall pay to Plaintiff an amount 2 in settlement of Plaintiff’s demand for damages, profits, costs, disbursements, and 3 attorneys’ fees based upon Defendants’ alleged infringing activities. Plaintiff and 4 Defendants shall bear their own costs associated with this action. 5 7. The execution of this Final Judgment shall serve to bind and obligate the 6 parties hereto. 7 8. The jurisdiction of this Court is retained for the purpose of making any 8 further orders necessary or proper for the construction or modification of this Final 9 Judgment, the enforcement thereof and the punishment of any violations thereof. 10 Except as otherwise provided herein, this action is fully resolved with prejudice as to 11 Defendants D D E G, Inc. dba Bargains of Chinatown and Don Dominic Gabriel. 12 13 9. This Order is entered nunc pro tunc to the date of the stipulation. The Clerk shall close the file. 14 15 IT IS SO ORDERED. 16 17 DATED: 3-29-13 __________________________ Saundra Brown Armstrong United States District Judge 18 19 20 21 22 23 24 25 26 27 28 5 [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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