Filed: Jan. 22, 2014
Latest Update: Jan. 22, 2014
Summary: FINAL JUDGMENT AND PERMANENT INJUNCTION MANUEL L. REAL, District Court. The Court, having considered all papers and pleadings on file in this action, including the Parties' Stipulation Re Settlement of Action and For Entry of Final Judgment and Permanent Injunction, and having determined that the parties have stipulated to the entry of final judgment in the above-entitled action based on the following material representations and warranties of Defendant GMF Jeans, Inc. ("GMF"): 1. That apart
Summary: FINAL JUDGMENT AND PERMANENT INJUNCTION MANUEL L. REAL, District Court. The Court, having considered all papers and pleadings on file in this action, including the Parties' Stipulation Re Settlement of Action and For Entry of Final Judgment and Permanent Injunction, and having determined that the parties have stipulated to the entry of final judgment in the above-entitled action based on the following material representations and warranties of Defendant GMF Jeans, Inc. ("GMF"): 1. That apart f..
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FINAL JUDGMENT AND PERMANENT INJUNCTION
MANUEL L. REAL, District Court.
The Court, having considered all papers and pleadings on file in this action, including the Parties' Stipulation Re Settlement of Action and For Entry of Final Judgment and Permanent Injunction, and having determined that the parties have stipulated to the entry of final judgment in the above-entitled action based on the following material representations and warranties of Defendant GMF Jeans, Inc. ("GMF"):
1. That apart from the approximately 1,800 units of Infringing Clothing identified in the Parties' settlement agreement, GMF has not procured, manufactured, caused to be manufactured, distributed, offered for sale or sold any Infringing Clothing.
2. That the only Infringing Clothing which GMF has ever procured, sold, distributed or otherwise provided to any person or entity is the approximately 1,800 units of Infringing Clothing identified in the Parties' settlement agreement.
3. That GMF does not have in its custody, possession and/or control any units of Infringing Clothing.
4. That the only person or entity which has ever manufactured Infringing Clothing or supplied Infringing Clothing that GMF is aware of is Yutailong Garment Co., LTD., 332 Zhonghe Lu Nanshan Development District Guangzhou PR China.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:
1. Defendant GMF Jeans, Inc., and all of its agents, shareholders, employees, affiliates, officers, representatives and all other persons acting in concert or participation with them or at GMF's direction, and each of them (hereinafter, individually and collectively, "GMF" or "the GMF Defendants"), are permanently enjoined from ever doing, attempting, or causing to be done, whether directly or indirectly, by any means, method, or device whatsoever, the following:
(a) The import, export, manufacture, reproduction, assembly, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, marketing, advertising or promotion of any Sweet People product, including, but not limited to, any Miss Me Branded Products, (hereinafter "Sweet People Products") unless GMF is first authorized to do so in writing by an officer, director or managing agent of Sweet People Apparel, Inc. d/b/a Miss Me ("Sweet People"), and/or any non-genuine reproduction, counterfeit, copy or colorable imitation of any such product.
(b) The import, export, manufacture, reproduction, assembly, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, marketing, advertising or promotion of any product which infringes any of the Sweet People Designs identified in Exhibit A hereto or any variants thereof and any designs that are substantially similar thereto;
(c) The unauthorized use, in any manner whatsoever, of any Sweet People copyright including, but not limited to, the Sweet People Designs identified in Exhibit A hereto, any variants, copies and/or simulations thereof and/or any designs that are likely to be substantially similar thereto, including specifically as follows:
(i) on or in conjunction with any unauthorized product; and
(ii) in, on or in conjunction with any unauthorized advertising, promotional materials, labels, hangtags, packaging, websites or other internet materials.
(d) The import, export, manufacture, reproduction, assembly, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, marketing, advertising or promotion of any product which infringes any Sweet People trademark, trade dress and/or trade name including, but not limited to, the Sweet People Trademarks identified in Exhibit B hereto or any variants, colorable imitations, translations and/or simulations thereof and/or any trademarks that are likely to be confusingly similar thereto;
(e) The unauthorized use, in any manner whatsoever, of any Sweet People trademark, trade dress and/or trade name identified in Exhibit B hereto, any variants, colorable imitations, translations and/or simulations thereof and/or any trademarks, trade dress and/or trade name that are likely to be confusingly similar thereto, including specifically, as follows:
(i) on or in conjunction with any product; and
(ii) in, on or in conjunction with any advertising, promotional materials, labels, hangtags, packaging, websites or other internet materials.
(f) Engaging in any activity which constitutes unfair competition with Sweet People or acts and practices that deceive the public and/or the trade, including, without limitation, the use of design elements and/or designations associated with Sweet People and/or its products.
(g) Using, at any time, any internet domain name that includes SWEET PEOPLE, MISS ME, or any variant thereof.
2. If GMF, or any of its agents, shareholders, employees, affiliates, officers, representatives or other persons acting in concert or participation with them, or at GMF's direction, breach any of the terms of this Final Judgment and Permanent Injunction (the "Permanent Injunction"), Sweet People shall have the right to recover sanctions against GMF including, but not limited to, sanctions for contempt of court.
3. Sweet People shall recover from GMF all costs and reasonable attorneys' fees incurred in seeking enforcement of this Permanent Injunction and/or in seeking any remedy based upon the failure of GMF to comply herewith.
4. This is a Final Judgment and is enforceable upon entry. The Parties have waived findings of fact, conclusions of law, a statement of decision, and any right to set aside this Judgment, appeal herefrom, seek a new trial, or otherwise contest the validity of this Judgment in any way whatsoever.
5. Service on counsel for GMF or any then current member, manager or officer of GMF of a copy of this Judgment shall cQ;sitt1 oice to GMF.
EXHIBIT A
EXHIBIT A
