Christian Dior Couture SA v. Lin et al

Filing 166

CONSENT JUDGMENT REGARDING FEI Y. LU: IT IS SO ORDERED, ADJUDGED, AND DECREED: 1. This Court has jurisdiction over Plaintiffs and Defendant and subject matter of this action. 2. Christian Dior is the owner of the following trademarks and United Sta tes trademark registrations, as further set forth herein. As more fully set forth in the Second Amended Complaint filed herein (ECF No.41), Defendant consents to a finding that Defendant, without authorization from Plaintiffs, has willfully and intentionally used or reproduced one or more of the Christian Dior Marks and one or more of the Louis Vuitton Marks in connection with the distribution, offer for sale, and sale of counterfeit products including, inter alia, handbags, tote bags, ba ckpacks, clutches, scarves, and other items. In so doing, Defendant is liable for trademark counterfeiting, trademark infringement, dilution, injury to business reputation, false designation of origin, unfair competition, and passing off under fed eral and New York state law. Defendant, her officers, subsidiaries, parents, divisions, agents, servants, employees, attorneys, successors or assigns, and all persons or entities acting in concert or in participation with any of them, be and hereby are permanently enjoined and restrained from, as further set forth herein. Defendant shall, within ten (10) business days after entry of this Consent Judgment, deliver up for destruction to Plaintiffs any and all products, packaging, wrappers, l abels, tags, advertising, promotional materials and other materials that bear any of Plaintiffs' trademarks or colorable imitations thereof, as well as any plates, molds and other materials used to produce such trademarks or any counterfeit, r eproduction, 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 wer e seized on January 12, 2023 and retained by Plaintiffs pursuant to the Court's February 2, 2023 order (ECF No. 26). Defendant 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). Defendant shall immediately p rovide a copy of this Consent Judgment to any and all of her officers, subsidiaries, parents, divisions, agents, managing members, principal owners, servants, employees, attorneys, successors or assigns, and all persons or entities acting in concer t or in participation with any of them. The Court maintains exclusive jurisdiction to enforce this Consent Judgment. Plaintiffs and Defendant acknowledge that a breach of this Consent Judgment by Defendant would result in immediate and irreparab le 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 j urisdiction 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 directed to enter this Consent Judgment forthw ith, 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. SO AGREED. JUDGMENT IS HEREBY ENTERED. Fei Y Lu terminated. (Signed by Judge Alvin K. Hellerstein on 11/13/2023) (vfr)