Christian Dior Couture SA v. Lin et al

Filing 159

CONSENT JUDGMENT REGARDING XIAOWEI GAO: IT IS SO ORDERED, AND DECREED: 1. This Court has jurisdiction over Plaintiffs and Defendant and subject matter of this action, as further set forth herein. Defendant shall, within ten (10) business days afte r entry of this Consent Judgment, deliver up for destruction to Plaintiffs any and all products, packaging, wrappers, labels, tags, advertising, promotional materials and other materials that bear any of Plaintiffs' trademarks or colorable imi tations thereof, as well as any plates, molds and other materials used to produce such trademarks or any counterfeit, reproduction, copy or colorable imitation thereof in the possession, custody, or control of Defendant pursuant to 15 U.S.C. § 1118. Plaintiffs shall be permitted to destroy all items delivered for destruction by Defendant and all items that were seized on January 12, 2023 and retained by Plaintiffs pursuant to the Court's February 2, 2023 order (ECF No. 26). 11. Def endant shall, within thirty (30) days after entry of this Consent Judgment, file with the Court and serve on counsel for Plaintiffs a written statement under oath setting forth in detail the manner and form in which he has complied with and completed those actions ordered by paragraphs 9-11 herein, pursuant to 15 U.S.C. § 1116(a). The Court maintains exclusive jurisdiction to enforce this Consent Judgment. Plaintiffs and Defendant acknowledge that a breach of this Consent Judgment by Defen dant would result in immediate and irreparable harm to Plaintiffs, and that the prevailing party shall be awarded its reasonable attorneys' fees and costs should Plaintiffs bring any motion or proceeding to enforce the terms hereof. Defendant consents to this Court's personal jurisdiction over any such motion or proceeding. 14. Plaintiffs and Defendant have consented to the entry of this Consent Judgment and waive any and all rights of appeal. 15. The Clerk of this Court is directe d to enter this Consent Judgment forthwith, without further notice, but this action shall remain pending until further notice from the Court. 16. The Court shall issue an award of statutory damages against Defendant and other relief to Plaintiffs as it deems just in due course. JUDGMENT IS HEREBY ENTERED. Xiaowei Gao terminated. (Signed by Judge Alvin K. Hellerstein on 11/13/2023) (mml)