Chanel, Inc. v. 2012handbagsonline.net et al

Filing 38

FINAL JUDGMENT and Permanent Injunction in favor of plaintiff. Case terminated on 9/26/2013.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHANEL, INC.,
Plaintiff,
v.
THE PARTNERSHIPS AND UNINCORPORATED
ASSOCIATIONS IDENTIFIED IN SCHEDULE “A”
AND DOES 1-1000,
Defendants.

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CIVIL ACTION H-12-2085

F INAL J UDGMENT & P ERMANENT I NJUNCTION
In accordance with the court’s memorandum opinion and order issued this day, it is
ORDERED, ADJUDGED, AND DECREED:
1.

That judgment by default be entered in favor of Chanel against the Partnerships and

Unincorporated Associations Identified in Schedule “A” (“defendants”);
2.

That defendants and their respective officers, agents, servants, employees, and

attorneys, and those persons in active concert or participation with them who receive actual notice
of this final judgment and permanent injunction by personal service or otherwise, are hereby
permanently restrained and enjoined from engaging in any of the following acts or omissions:
(A)

from manufacturing (or causing to be manufactured), importing, advertising,

promoting, distributing, selling, or offering to sell counterfeit or infringing goods bearing or using
any of the Chanel Marks identified in Schedule “B” (the “Chanel Marks”);
(B)

from infringing, counterfeiting, or otherwise diluting the distinctive quality of the

Chanel Marks, or taking any other action which has the effect of injuring Chanel’s business
reputation or harming or tarnishing Chanel’s reputation and goodwill in the Chanel Marks;

(C)

from using the Chanel Marks, or any marks or trade dress confusingly similar thereto,

in connection with the sale of any unauthorized goods;
(D)

from using any logos, trade names, words, symbols, or trademarks which may be

calculated to falsely advertise defendants’ services or products as being sponsored, authorized or
endorsed by, or in any way associated with Chanel;
(E)

from falsely representing themselves as being connected with Chanel, through

sponsorship or association, or engaging in any act which is likely to falsely cause members of the
trade or purchasing public to believe that defendants’ goods or services are in any way endorsed or
approved by, or otherwise associated with, Chanel;
(F)

from using any reproduction, counterfeit, copy, or colorable imitation of the Chanel

Marks in connection with the manufacture, importation, distribution, promotion, advertising, or sale
of any goods sold by defendants, including, without limitation, handbags, wallets, sunglasses, shoes,
dresses, watches, and costume jewelry (including earrings);
(G)

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

any goods, a false description or representation, including words or other symbols tending to falsely
describe or represent defendants’ goods as being those of Chanel or in any way endorsed by Chanel,
and from offering such goods in commerce;
(H)

from using the Chanel Marks or any marks confusingly similar thereto (i) within

domain name extensions, metatags, or other markers within website source code; (ii) on any
webpage (including as the title of any web page), on any advertising links to other websites, or from
any search engines’ databases or cache memory; or (iii) in any manner which is visible to a computer
user or serves to direct computer searches to websites registered, owned, or otherwise operated by

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defendants, including without limitation any of the Internet websites operated under any of the
Subject Domain Names identified in Schedule “A” (“SDNs”);
(I)

from otherwise unfairly competing with Chanel; and

(J)

from effecting assignments or transfers, forming new entities or associations, or using

any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth
above.
3.

Additional equitable relief to give practical effect to the permanent injunction:

(A)

The SDNs are hereby ordered to be immediately disabled. To the extent the current

Registrars do not facilitate the disabling of the domain names within seven (7) days of the receipt
of this judgment, the Registries shall, within thirty (30) days, change the Registrar of Record for the
SDNs to a Registrar of Chanel’s choosing, and that Registrar shall disable the SDNs.
(B)

Upon Chanel’s request, the top level domain Registry for each of the SDNs shall,

within thirty (30) days of receipt of this judgment, place the SDNs on Registry “hold” status for the
life of the current registration, thus removing them from the top level domain zone files maintained
by the Registry, which link the SDNs to the IP addresses where the associated websites are hosted.
(C)

Upon Chanel’s request, the Internet Corporation for Assigned Names and Numbers

shall take all actions necessary to ensure that the top level domain Registry responsible for each of
the SDNs disables the respective Subject Domain Name.
4.

That Chanel recover against defendants, jointly and severally: (1) reasonable

attorneys’ fees in the amount of $57,657.50; (2) reasonable investigative fees in the amount of
$2,357.10; and (3) reasonable costs of action in the amount of $1,832.65 pursuant to 15 U.S.C.
§ 1117(a).

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5.

All funds currently held or restrained by PayPal, Inc. (“PayPal”) which are related to

the PayPal account recipient, [e-mail] (“PayPal Account”), or any other accounts
belonging to the customer(s) of the PayPal Account shall, within seven (7) days of receipt of this
judgment, be transferred to Chanel to satisfy or partially satisfy the monetary amounts awarded
herein. PayPal shall provide to Chanel at the time the funds are released, a breakdown reflecting (i)
the total funds held or restrained by PayPal which relate to the relevant account(s); (ii) the total
chargebacks, refunds, and/or transaction reversals that were deducted from such funds prior to
release; and (iii) the total funds being released to Chanel.
6.

Interest shall accrue on this award at a rate of 0.11% per annum, from the date of

entry of this judgment until the date the judgment is paid.
7.

Since defendants’ illegal counterfeiting and infringement of the Chanel Marks were

engaged in intentionally, knowingly, maliciously, and willfully, the monetary amounts awarded in
this judgment constitute non-dischargeable debts under § 523(a)(6) of the United States Bankruptcy
Code, Title 11 U.S.C. § 101, et seq.
8.

The court reserves and retains jurisdiction of the subject matter of this cause and of

the parties hereto for the purpose of enforcing the terms of this judgment and permanent injunction.
9.

The bond posted by Chanel in the amount of $10,000.00 shall be released by the

Clerk of Court.
This is a FINAL JUDGMENT.
Signed at Houston, Texas on September 26, 2013.

___________________________________
Gray H. Miller
United States District Judge
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SCHEDULE A
DEFENDANTS BY SUBJECT DOMAIN NAMES AND DEFENDANT NUMBER
Domain Name
Defendant No.
1

2012handbagsonline.net

2

3chanelhandbag.com

3

airmaxinstore.com

4

ashionpurse.com

6

blueswisswatches.com

7

caphatshopping.com

8

cchanell.com

9

chanel-bagsbags.com

9

chanels--bags.org

10

chanelbagsebay.com

10

chanelbagshandbags.net

11

chanelbagsoutletonline.com

12

chanelcheaponsale.com

12

thechanelbagssale.com

12

classicchanelbagssale.com

13

chanelflapbags.net

13

frchanelhandbags.com

13

replicachanelhandbagssales.com

13

chanelhandbagwalletpurse.com

13

chanelhandbagschanelwallets.com

15

chaneloutletsonline.us

15

chanelreplicasbags.us

16

chanelpursesreplica.com

16

hubags.com
5

17

chanelsalext.com

19

chanel-slippers.com

19

chanelslippers.com

20

chanelsza.com

21

chanelxt.com

22

cheapbagshandbags.com

22

classichandbagsfr.com

23

cheapbagsoutlet2u.com

24

cheapchanelhandbags2012.com

26

cheapwomensbags.com

26

classicbagsoutlet.com

27

designer-outlet-online.com

28

designershandbags.us

29

fairhandbags1.com

29

fairhandbags2.com

30

fashionlife.us

30

realpricemall.com

30

wholesalesalemall.com

31

goforchanelbags.com

32

handbags-purse-sale.com

35

isofdc.com

36

onlinechanelbagsales.com

37

onlinetopcheap.com

38

outletchanelbagonline.com

39

outletchanelbagsale.com

40

outletchanelbagssales.com

44

sunglassesnewyork.com
6

45

thechanelwatches.com

45

thechanelwatches2012.com

46

topchanel255.com

46

topchanelflap.com

47

toppursestrade2012.com

48

wahandbags.com

50

wholesale100.com

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SCHEDULE B
PLAINTIFF’S FEDERALLY REGISTERED TRADEMARKS (“CHANEL MARKS”)
Trademark

Registration
Number

Registration
Date

CHANEL

0,626,035

May 1, 1956

CHANEL

0,902,190

Nov. 10, 1970 IC 014 — Bracelets, Pins, & Earrings

CHANEL

0,915,139

June 15, 1971 IC 025 — Women’s Shoes

CHANEL

0,955,074

Mar. 13, 1973 IC 014 — Watches

Class(es)/Goods

IC 018 — Women’s Handbags

CHANEL

1,241,265

June 7, 1983

1,314,511

CHANEL

IC 025 — Suits, Jackets, Skirts,
Dresses, Pants, Blouses, Tunics,
Sweaters, Cardigans, Coats, Raincoats,
Scarves, Shoes, & Boots

Jan. 15, 1985

IC 018 — Leather Goods-Namely,
Handbags

1,347,677

July 9, 1985

IC 018 — Leather Goods-Namely,
Handbags
IC 006 — Keychains
IC 014 — Costume Jewelry
IC 016 — Gift Wrapping Paper

1,501,898

Aug. 30, 1988 IC 025 — Blouses, Shoes, Belts,
Scarves, Jackets, Men’s Ties
IC 026 — Brooches and Buttons for
Clothing

CHANEL

1,510,757

Nov. 1, 1988

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IC 009 — Sunglasses

1,654,252

CHANEL

1,733,051

1,734,822

J12

Aug. 20, 1991 IC 009 — Sunglasses
IC 018 — Leather Goods-Namely,
Handbags, Wallets, Travel Bags,
Nov. 17, 1992 Luggage, Business and Credit Card
Cases, Change Purses, Tote Bags,
Cosmetic Bags Sold Empty, and
Garment Bags for Travel
IC 018 — Leather Goods-Namely,
Handbags, Wallets, Travel Bags,
Nov. 24, 1992 Luggage, Business Card Cases,
Change Purses, Tote Bags, and
Cosmetic Bags Sold Empty
IC 014 — Timepieces; namely,
Watches, & Parts Thereof

2,559,772

Apr. 9, 2002

3,025,934

Dec. 13, 2005 IC 018 — Handbags
IC 009 - Eyeglass Frames, Sunglasses

3,025,936

Dec. 13, 2005

IC 025 - Gloves, Swimwear
IC 026 - Hair Accessories namely
Barrettes

CHANEL

3,133,139

Aug. 22, 2006 IC 014 — Jewelry and Watches

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