Chanel, Inc. v. Zhang et al

Filing 58

JUDGMENT. Signed by Judge Hamilton on 10/21/2013. (pjhlc2, COURT STAFF) (Filed on 10/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHANEL INC.,
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Plaintiff,

No. C 12-4428 PJH

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v.
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JUDGMENT AND PERMANENT
INJUNCTION

ZHANG YANG, et al.,
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Defendants.
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The court having granted plaintiff’s Motion for Default Judgment,

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it is Ordered and Adjudged

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that judgment be entered in the sum of $105,350 in favor of plaintiff and against

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defendant, together with post-judgment interest, and that the action be dismissed.

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Additionally, the court enters the following permanent injunction against defendant:

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Defendant and his officers, agents, servants, employees and attorneys, and all persons

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acting in concert and participation with Defendant are hereby permanently restrained and

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enjoined from:

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a. manufacturing or causing to be manufactured, importing, advertising, or

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promoting, distributing, selling or offering to sell counterfeit and infringing goods

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using Plaintiff’s trademarks identified in Paragraph 13 of the Complaint (“the

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Plaintiff’s Marks”);

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b. using the Plaintiff’s Marks in connection with the sale of any unauthorized goods;

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

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services or products of Defendant offered for sale or sold via the domain names

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identified in Appendix A hereto (collectively the “Subject Domain Names”) and/or any

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other website or business, as being sponsored by, authorized by, endorsed by, or in

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any way associated with Plaintiff;

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d. falsely representing themselves as being connected with Plaintiff, through

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sponsorship or association;

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e. engaging in any act which is likely to falsely cause members of the trade and/or of

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the purchasing public to believe any goods or services of Defendant offered for sale

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or sold via the Subject Domain Names and/or any other website or business are in

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any way endorsed by, approved by, and/or associated with Plaintiff;

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f. using any reproduction, counterfeit, copy, or colorable imitation of the Plaintiff’s

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

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sold by Defendant via the Subject Domain Names and/or any other website or

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business, including, without limitation, handbags, wallets, shoes, boots, cosmetics,

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sunglasses, clothing, watches, or costume jewelry, including necklaces, bracelets,

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earrings, brooches, and rings;

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

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

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falsely describe or represent goods offered for sale or sold by Defendant via the

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Subject Domain Names and/or any other website or business, as being those of

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Plaintiff or in any way endorsed by Plaintiff;

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h. otherwise unfairly competing with Plaintiff;

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i. effecting assignments or transfers, forming new entities or associations or utilizing

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any other device for the purpose of circumventing or otherwise avoiding the

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prohibitions set forth above; and

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j. using the Plaintiff’s Marks, or any confusingly similar trademarks, within domain

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name extensions, metatags or other markers within website source code, from use

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on any webpage (including as the title of any web page), any advertising links to

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other websites, from search engines’ databases or cache memory, and any other

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form of use of such terms which is visible to a computer user or serves to direct

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computer searches to websites registered by, owned, or operated by Defendant,

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including the Internet websites operating under all of the Subject Domain Names.

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The court also orders the following equitable relief:

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a. In order to give practical effect to the Permanent Injunction, the Subject Domain

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Names are hereby ordered to be immediately transferred by Defendant, his

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assignees and/or successors in interest or title, and the Registrars to Plaintiff’s

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control. To the extent the current Registrars do not facilitate the transfer of the

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domain names to Plaintiff’s control within five (5) days of receipt of this judgment,

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the Registries shall, within thirty (30) days, change the Registrar of Record for the

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Subject Domain Names to a Registrar of Plaintiff’s choosing, and that Registrar shall

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transfer the Subject Domain Names to Plaintiff;

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b. Upon Plaintiff’s request, the top level domain (TLD) Registry for each of the

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Subject Domain Names, within thirty (30) days of receipt of this Order, shall place

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the Subject Domain Names on Registry Hold status for the life of the current

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registration, thus removing them from the TLD zone files maintained by the Registry

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which link the Subject Domain Names to the IP addresses where the associated

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websites are hosted; and

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c. Upon Plaintiff’s request, the Internet Corporation for Assigned Names and

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Numbers (“ICANN”) shall take all actions necessary to ensure that the top level

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domain Registry responsible for the Subject Domain Names transfers and/or

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disables the Subject Domain Names.

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IT IS SO ORDERED.

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Dated: October 21, 2013
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PHYLLIS J. HAMILTON
United States District Judge