Amazon.com, Inc. et al v. Kurth et al

Filing 22

PERMANENT INJUNCTION. Signed by Judge Richard A. Jones. (MW)

The Honorable Richard A. Jones
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AMAZON.COM, INC., a Delaware
corporation; and VERA BRADLEY DESIGNS,
INC. an Indiana corporation,

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Plaintiffs,

No. 2:18-cv-00353-RAJ
PLAINTIFFS’ SUBMISSION OF
PROPOSED INJUNCTION & ORDER

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v.
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LINDA KURTH, an individual; and JOHN
DOES 1–10,
Defendants.

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Plaintiffs Amazon.com, Inc. (“Amazon”) and Vera Bradley Designs, Inc. (“Vera

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Bradley”) respectfully submit the attached proposed injunction and order for entry by the Court

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consistent with the Court’s July 31, 2019 Order Granting Plaintiffs’ Motion for Default

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Judgment. Dkt. #19. In support of this submission, Plaintiffs state as follows:

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1.

On July 31, 2019, the Court granted Plaintiffs’ Motion for Default Judgment.

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Dkt. # 19. In that Order, the Court found that Vera Bradley was entitled to injunctive relief,

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and granted Plaintiffs’ request for an injunction in part, striking paragraph (a) of the proposed

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injunction as overbroad. Id. at 11, 13. The Court further advised that Vera Bradley had the

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responsibility to serve the injunction in such a manner as to make it operative in contempt

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proceedings. Id. at 13.

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2.

Although the Court granted Vera Bradley’s request for an injunction, did not

separately sign and enter the proposed injunction as modified. Plaintiffs, therefore, respectfully
PLAINTIFFS’ SUBMISSION OF
PROPOSED INJUNCTION & ORDER
(No. 2:18-cv-00353-RAJ) – 1

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

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submit the attached proposed injunction and order, modified to reflect the terms of the Court’s

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Order granting their motion for default judgment, for entry by the Court.

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DATED this 15th day of August, 2019.

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DAVIS WRIGHT TREMAINE LLP
Attorneys for Plaintiffs

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By /s/ James Harlan Corning
Bonnie E. MacNaughton, WSBA #36110
James Harlan Corning, #45177
James H. Wendell, WSBA #46489
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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PLAINTIFFS’ SUBMISSION OF
PROPOSED INJUNCTION & ORDER
(No. 2:18-cv-00353-RAJ) – 2

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

The Honorable Richard A. Jones
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AMAZON.COM, INC., a Delaware
corporation; and VERA BRADLEY DESIGNS,
INC. an Indiana corporation,

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Plaintiffs,

No. 2:18-cv-353-RAJ
[PROPOSED] PERMANENT
INJUNCTION

v.
CLERK’S ACTION REQUIRED

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LINDA KURTH, an individual; and JOHN
DOES 1–10,
Defendants.

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THIS MATTER comes before the Court on Plaintiffs Amazon.com, Inc. (“Amazon”)
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and Vera Bradley Designs, Inc. (“Vera Bradley”)’s Motion for Default Judgment. Dkt. # 12.
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Pursuant to the Court’s July 31, 2019 Order granting that motion, Dkt. # 19, and for the reasons
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set forth therein, the Court ORDERS as follows:
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1.

Defendant Linda Kurth and her agents, representatives, servants, employees,

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successors and assigns, and all others in active concert or participation with them, are hereby
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PERMANENTLY ENJOINED AND RESTRAINED from:
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a)

manufacturing, distributing, advertising, offering to sell, or selling any

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product using Vera Bradley’s brand or trademark, or which otherwise
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infringes Vera Bradley’s intellectual property; and
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[PROPOSED] INJUNCTION
(No. 2:18-cv-00353-RAJ) – 1

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

b)

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engaged or performing any of the activities listed above.

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assisting, adding or abetting any other person or business entity in

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The Court hereby retains jurisdiction over this case for the purpose of enforcing

this injunction and order, and for any supplemental proceedings that may be authorized by law.
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Plaintiffs’ counsel is hereby directed to serve a copy of this order on Defendant

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Linda Kurth via overnight delivery, certified mail, and email using her last-known contact

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information.

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IT IS SO ORDERED.

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DATED this 16th day of August, 2019.

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A

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The Honorable Richard A. Jones
United States District Judge

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[PROPOSED] INJUNCTION
(No. 2:18-cv-00353-RAJ) – 2

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax