Filed: Feb. 02, 2014
Latest Update: Feb. 02, 2014
Summary: [ PROPOSED ] STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION GEORGE H. KING, District Judge. Plaintiff, Chanel, Inc. ("Chanel") and Defendant Rosita Rahmani, an individual, d/b/a passion4fashionless d/b/a shop_authenticfashion4less d/b/a 2001pumpkin ("Defendant") stipulate and consent to the following: WHEREAS, Defendant adopted and began using trademarks in the United States which infringe and dilute the distinctive quality of Chanel's various registered trademarks: CHANEL,
Summary: [ PROPOSED ] STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION GEORGE H. KING, District Judge. Plaintiff, Chanel, Inc. ("Chanel") and Defendant Rosita Rahmani, an individual, d/b/a passion4fashionless d/b/a shop_authenticfashion4less d/b/a 2001pumpkin ("Defendant") stipulate and consent to the following: WHEREAS, Defendant adopted and began using trademarks in the United States which infringe and dilute the distinctive quality of Chanel's various registered trademarks: CHANEL, ..
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[PROPOSED] STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION
GEORGE H. KING, District Judge.
Plaintiff, Chanel, Inc. ("Chanel") and Defendant Rosita Rahmani, an individual, d/b/a passion4fashionless d/b/a shop_authenticfashion4less d/b/a 2001pumpkin ("Defendant") stipulate and consent to the following:
WHEREAS, Defendant adopted and began using trademarks in the United States which infringe and dilute the distinctive quality of Chanel's various registered trademarks: CHANEL, and and as identified in Paragraph 7 of Chanel's Complaint filed herein (the "Chanel Marks");
WHEREAS, Defendant's use of names and marks which are identical to, or substantially indistinguishable from the Chanel Marks is likely to cause confusion as to source or origin of Defendant's products, and will further dilute the distinctive quality of the Chanel Marks;
WHEREAS, without the admission of any liability, the parties desire to settle and have amicably resolved their dispute to each of their satisfaction; and
WHEREAS, based upon Chanel's good faith prior use of the Chanel Marks, Chanel has superior and exclusive rights in and to the Chanel Marks in the United States and any confusingly similar names or marks.
IT IS BASED on the parties' stipulation (dkt #12), ORDERED, ADJUDGED AND DECREED as between the parties that:
1. Defendant and her officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them who shall receive actual notice of this injunction are hereby permanently restrained and enjoined from intentionally and/or knowingly:
A. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing 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 Defendant as being sponsored by, authorized by, endorsed by, or in any way associated with Chanel;
D. falsely representing Defendant as being connected with Chanel, 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 Defendant, are in any way endorsed by, approved by, and/or associated with Chanel;
F. using any counterfeit, unauthorized reproduction copy, or colorable imitation of the Chanel Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by the Defendant, including, without limitation, costume jewelry, including necklaces, key chains, and handbags;
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 Defendant's goods as being those of Chanel, or in any way endorsed by Chanel;
H. offering such goods in commerce, and from otherwise unfairly competing with Chanel;
I. secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books or records which contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products which infringe the Chanel Marks; and
J. 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 in subparagraphs (A) through (I).
2. Chanel shall have the right to seek sanctions for contempt, compensatory damages, injunctive relief, attorneys' fees, costs, and such other relief deemed proper in the event of a violation or failure by Defendant to comply with any of the provisions hereof. The prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys' fees and costs.
3. The causes of action between Chanel and Defendant are hereby dismissed, subject to the terms of the Settlement Agreement between the parties. This Consent Final Judgment shall be conclusive for purposes of collateral estoppel regarding all issues that have been or could have been brought on the same operative facts.
4. The parties' respective attorney's fees and costs incurred in connection with this action shall be borne as per the agreement of the individual parties in their Settlement Agreement.
5. This Court will retain continuing jurisdiction over this cause to enforce the terms of this Consent Final Judgment and the Settlement Agreement between the parties.
6. All infringing and counterfeit Chanel branded products surrendered by Defendant to Chanel under the terms of the parties' settlement, shall be destroyed under the direction of Chanel.
IT IS SO ORDERED.
