Chanel, Inc. v. Gaul et al

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. Signed by Judge JEFFREY S. WHITE on 3/2/15. (jjoS, COURT STAFF) (Filed on 3/2/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHANEL, INC.,

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For the Northern District of California

United States District Court

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No. C 14-03105 JSW

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION AND
GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION FOR DEFAULT
JUDGMENT

KAREN K. GUPTON,
Defendants.

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This matter comes before the Court upon consideration of Magistrate Judge Kandis A.

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Westmore’s Report and Recommendation (the “Report”), in which she recommends that this

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Court grant the motion for default judgment filed by Plaintiff Chanel, Inc. against Karen K.

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Gupton a/k/a Karen Kearney Gupton, d/b/a The Trendy Baby a/k/a thetrendybaby.com. No

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objections were filed.

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Having considered the Report, Plaintiff’s papers, the relevant legal authority, and the

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record in this case, the Court finds the Report thorough and well-reasoned and adopts it in every

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respect. Accordingly, Plaintiff’s motion for default judgment is GRANTED IN PART AND

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DENIED IN PART.

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Plaintiff is HEREBY AWARDED $20,000 in statutory damages and reasonable costs in
the amount of $485, plus prejudgment interest at the legal rate.
The Court further enters the following permanent injunction:

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Defendant and its respective officers, agents, servants, employees and attorneys, and all
persons in active concert and participation with it are hereby restrained and enjoined from:
(a)

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

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promoting, distributing, selling or offering to sell counterfeit and

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infringing goods bearing Chanel’s registered Trademarks Reg. No.

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1,501,898, Reg. No. 1,241,264, and Reg. No. 1,241,265 (collectively, the

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“Chanel Marks”);

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(b)

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goods;
(c)

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

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For the Northern District of California

United States District Court

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

advertise the services or products of Defendant Gupton offered for sale or

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sold via the website operating under the domain name thetrendybaby.com

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

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by, endorsed by, or in any way associated with Plaintiff;

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(d)

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falsely representing herself as being connected with Plaintiff, through
sponsorship or association;

(e)

engaging in any act which it likely to falsely cause members of the trade

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and/or of the purchasing public to believe any goods or services

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Defendant Gupton offered for sale or sold via the website operating under

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the domain name thetrendybaby.com, and/or any other website, e-store,

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or business are in any way endorsed by, approved by, and/or associated

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with Plaintiff;

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(f)

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

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Plaintiff’s Marks in connection with the publicity, promotion, sale or

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advertising of any good sold by Defendant Gupton via the website

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operating under the domain name thetrendybaby.com, and/or any other

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website, e-store, or business, including, without limitation, shoes, bearing

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the Chanel Marks;
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(g)

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

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goods, a false description or representation, including words or other

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symbols tending to falsely describe or represent goods offered for sale or

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sold by Defendant Gupton via the website operating under the domain

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name thetrendybaby.com, and/or any other website, e-store, or business,

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as being those of 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 entitles or associations or

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utilizing any other device for the purpose of circumventing or otherwise

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For the Northern District of California

United States District Court

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avoiding prohibitions set forth above; and
(j)

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

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domain name extensions, metatags or other markers within website

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source code, from use on any webpage (including as the title of any

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webpage), any advertising links to other websites, from search engines’

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databases or cache memory, and any other form of use of such terms

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which is visible to a computer user or serves to direct computer searches

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to websites and e-stores registered by, owned, or operated by Defendant

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Gupton, including the commercial Internet website operating under the

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domain name thetrendybaby.com.

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A separate judgment shall issue and the Clerk is directed to close the file.

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IT IS SO ORDERED.
Dated: March 2, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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