Chanel, Inc. v. Brennan et al

Filing 48

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION, granting 44 Motion for Default Judgment. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHANEL, INC., a New York corporation,

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Plaintiff,

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v.

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Case No. 14-05451-cv-RJB
FINAL DEFAULT JUDGMENT AND
PERMANENT INJUNCTION

KELLY BRENNAN, an individual, d/b/a
KELLYSCASES.COM d/b/a KELLYS CASES
d/b/a X PINK MASCARA, the INDIVIDUALS,
PARTNERSHIPS AND/OR
UNINCORPORATED ASSOCIATIONS DOING
BUSINESS AS THE ALIASES IDENTIFIED ON
SCHEDULE “A” and DOES 1-10,
Defendants.

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THIS CAUSE came before the Court on Plaintiff, Chanel, Inc.’s (“Plaintiff” or “Chanel”)

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Motion for Entry of Final Default Judgment and Permanent Injunction (“Motion for FDJ”) [ECF

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No. 44], filed on December 22, 2014. The Court has carefully considered the Motion, the record

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in this case, and the applicable law, and is otherwise fully advised in the premises.

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By the instant Motion, Plaintiff’s move for entry of final default MATTER having come

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before the Court upon motion by Plaintiff, Chanel, Inc. for entry of a final default judgment and

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entry of a permanent injunction against Defendants,

the Individuals, Partnerships or

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Case No. CV 14-cv-05451-RJB

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Unincorporated Associations identified on Schedule “A” attached hereto (the “Defendants”)

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pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure; and the Court having

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considered the moving papers and there being no opposition thereto;

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Final Default Judgment
is GRANTED, and judgment is hereby entered in favor of Plaintiff, Chanel, Inc., a New York
corporation, with its principal place of business in the United States located at Nine West 57th

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Street, New York, New York, 10019, and against the Defendants on all Counts of the First
Amended Complaint as follows:

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(1)

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Defendants and their officers, agents, servants, employees and attorneys, and all persons

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acting in concert and participation with Defendants are hereby permanently restrained and

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Permanent Injunctive Relief:

enjoined from:

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a.

manufacturing or causing to be manufactured, importing, advertising, or
promoting, distributing, selling or offering to sell counterfeit and
infringing goods bearing the Chanel trademarks identified in Paragraph 13
of the First Amended Complaint (the “Chanel Marks”);

b.

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

c.

using any logo and/or layout which may be calculated to falsely advertise
the services or products of Defendants offered for sale or sold via the
commercial Internet websites and commercial Internet iOffer auction
stores operating under the domain names and auction stores identified on
Schedule “A” hereto (the “Seller IDs and Subject Domain Names”),
and/or any other website, e-store, or business, as being sponsored by,
authorized by, endorsed by, or in any way associated with Plaintiff;

d.

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

e.

engaging in any act which is likely to falsely cause members of the trade
and/or of the purchasing public to believe any goods or services of
Defendants offered for sale or sold via the Seller IDs and Subject Domain
Names, and/or any other website, e-store, or business are in any way
endorsed by, approved by, and/or associated with Plaintiff;

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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Case No. CV 14-cv-05451-RJB

f.

using any reproduction, counterfeit, copy, or colorable imitation of the
Chanel Marks in connection with the publicity, promotion, sale, or
advertising of any goods sold by Defendants via the Seller IDs and Subject
Domain Names, and/or any other website, auction store, or business,
including, without limitation, high quality costume jewelry, including
bracelets, earrings, rings and necklaces, handbags, sunglasses, belts, shoes,
and protective covers for portable electronic devices, including cell
phones, bearing the Chanel Marks;

g.

affixing, applying, annexing or 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 goods offered for sale or
sold by Defendants via the Seller IDs and Subject Domain Names, and/or
any other website, e-store, or business, 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 entities or associations or
utilizing any other device for the purpose of circumventing or otherwise
avoiding the prohibitions set forth above; and

j.

using the Chanel Marks, or any confusingly similar trademarks, within
domain name extensions, metatags or other markers within website source
code, from use on any webpage (including as the title of any web page),
any advertising links to other websites, from search engines’ databases or
cache memory, and any other form of use of such terms which is visible to
a computer user or serves to direct computer searches to websites
registered by, owned, or operated by Defendants, including the
commercial Internet websites and commercial Internet iOffer auction
stores operating under all of the Seller IDs and Subject Domain Names.

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(2)

Statutory Damages:
a.

Statutory damages in favor of Plaintiff and against Defendants pursuant
to15 U.S.C. § 1117(c), should be entered as follows per Defendant:

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Defendant 6 (Seller ID Armani39635):
$20,000.00 per registered Chanel Mark counterfeited (1) per type of good
sold (1) results in a damage award against this Defendant in the amount of
$20,000.00.

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Defendant 7 (Seller IDs hohot and ring2013):
$20,000.00 per registered Chanel Mark counterfeited (2) per type of good
sold (3) results in a damage award against this Defendant in the amount of
$120,000.00.

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Defendant 8 (Seller ID iphone6shop):
$20,000.00 per registered Chanel Mark counterfeited (1) per type of good

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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Case No. CV 14-cv-05451-RJB

sold (1) results in a damage award against this Defendant in the amount of
$20,000.00.

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Defendant 9 (Seller ID kaiem8886):
$20,000.00 per registered Chanel Mark counterfeited (1) per type of good
sold (1) results in a damage award against this Defendant in the amount of
$20,000.00.

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Defendant 10 (Seller ID wideseaintl and Subject Domain Names
ustrendy.com/store/casemoda and wish.com/merchant/casemoda):
$20,000.00 per registered Chanel Mark counterfeited (1) per type of good
sold (1) results in a damage award against this Defendant in the amount of
$20,000.00.

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for which let execution issue;

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(3)

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Costs of Suit: $750.00 in favor of Plaintiff and against Defendants pursuant to 15
U.S.C. § 1117(a), jointly and severally, for which let execution issue.

(4)

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The bond posted by Plaintiff in the amount of $10,000.00 is ordered to be released
by the Clerk.

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(5)

All funds currently restrained by PayPal, Inc. (“PayPal”), and the domains,

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wish.com and ustrendy.com, pursuant to the temporary restraining orders and

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preliminary injunctions in this action are to be immediately (within 5 business

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days) transferred to Plaintiff in partial satisfaction of the monetary judgment

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entered herein. PayPal, wish.com and ustrendy.com, shall provide to Plaintiff at

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the time the funds are released, a breakdown reflecting the (i) total funds

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restrained in this matter; (ii) the total chargebacks, refunds, and/or transaction

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reversals deducted from the funds restrained prior to release; and (iii) the total
funds released to Plaintiff. On an ongoing basis, should PayPal, wish.com and

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ustrendy.com, become aware of additional payment accounts related to the

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Defendants herein, PayPal, wish.com and ustrendy.com, shall also restrain and

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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Case No. CV 14-cv-05451-RJB

transfer the funds in such accounts to Plaintiff in satisfaction of this judgment

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until the judgment is paid in full.

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(6)

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Interest from the date this action was filed shall accrue at the legal rate. See 28
U.S.C. § 1961.

(7)

The Court retains jurisdiction to enforce this Judgment and permanent injunction.

IT IS SO ORDERED.

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DATED this 22nd day of December, 2014.

A
ROBERT J. BRYAN

United States District Judge

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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Case No. CV 14-cv-05451-RJB

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SCHEDULE A
DEFENDANTS BY NUMBER AND SELLER IDS AND SUBJECT DOMAIN NAMES
Defendant
Number
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Domain Name/ Seller ID
Armani39635
hohot
ring2013
iphone6shop
kaiem8886
wideseaintl
ustrendy.com/store/casemoda
wish.com/merchant/casemoda

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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Case No. CV 14-cv-05451-RJB