PERMANENT INJUNCTION ORDER

GARY A. FEESS, District Judge.

WHEREAS, the Plaintiffs in this action are Sweet People Apparel, Inc. d/b/a MISS ME ("Sweet People"), and RCRV, Inc. d/b/a ROCK REVIVAL ("RCRV"); and

WHEREAS, the Defendants in this action are Jean Jacket Clothing, Inc. ("Jean Jacket") and Kamyar Penhasi ("Penhasi"); and

WHEREAS, Sweet People owns U.S. copyright registrations for certain designs it uses on and in connection with its MISS ME line of jeanswear products, including (i) U.S. Copyright Registration No. VA 1-827-438, effective as of June 8, 2012, for its Tribal Deco JW5416B Design; (ii) U.S. Copyright Registration No. VA 1-796-810, effective as of December 1, 2011, for its Cypress Paisley JW5367B Design; (iii) U.S. Copyright Registration No. VA 1-418-846, effective as of May 23, 2007, for its JP 4369 Back Pocket Design; (iv) U.S. Copyright Registration No. VA 1-807-380, effective as of December 28, 2011, for its Split Fleur de Lis JW530TB3 Design; and (v) U.S. Copyright Registration No. VA 1-785-057, issued on August 4, 2011, for its CrossRoads JP5072 Design (collectively referred to as the "Sweet People Copyrighted Designs"), copies of the registration certificates for and photographs of the Sweet People Copyrighted Designs as they appear on MISS ME jeanswear products being attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, Sweet People owns a U.S. Trademark registration for its FABRIC CUT OUT DESIGN Trademark (U.S. Trademark Registration No. 4,065,486), a copy of the registration certificate for and photograph of the FABRIC CUT OUT DESIGN Trademark as it appears on MISS ME jeanswear products being attached hereto as Exhibit B and incorporated herein by reference; and

WHEREAS, RCRV owns a U.S. trademark registration for its INVERTED FLEUR DE LIS DESIGN Trademark (U.S. Trademark Registration No. 3,581,968), a copy of the registration certificate for and photograph of the INVERTED FLEUR DE LIS DESIGN Trademark as it appears on ROCK REVIVAL jeanswear products being attached hereto as Exhibit C and incorporated herein by reference; and

WHEREAS, on October 18, 2013, Plaintiffs Sweet People and RCRV filed a Complaint (Dkt. No. 1) alleging that Jean Jacket and Penhasi created, designed, purchased, imported, distributed, offered for sale and/or sold certain jeanswear products bearing designs that infringe their rights in and to the Sweet People Copyrighted Designs, Sweet People's FABRIC CUT OUT DESIGN Trademark and RCRV's INVERTED FLEUR DE LIS DESIGN Trademark, including those attached hereto as Exhibit D and incorporated herein by reference; and

WHEREAS, the Court has jurisdiction over the subject matter of this action and over Plaintiffs Sweet People and RCRV and Defendants Jean Jacket and Penhasi, and venue in this action being proper in this judicial district; and

WHEREAS, Plaintiffs Sweet People and RCRV and Defendants Jean Jacket and Penhasi have consented to the entry of this Permanent Injunction Order in full and final resolution of the claims asserted between and among them in the Civil Action, as follows:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. Jean Jacket, its respective subsidiaries, affiliates, divisions, officers, directors, principals, servants, employees, successors and assigns, including its President, Kaymar Penhasi, and all those in active concert or participation with Jean Jacket, or under its direct or indirect control, including manufacturers, suppliers, distributors and retailers who receive notice of this Permanent Injunction Order, are hereby enjoined, restrained and prohibited from:

a. Manufacturing, designing, creating, copying, imitating, importing, exporting, distributing, supplying, marketing, advertising, promoting, offering for sale or selling any product bearing a design that is substantially similar in overall appearance to, or making any other unauthorized use of, any design that is the subject of a U.S. copyright registration owned by Sweet People or RCRV, whether such design is registered at the time of entry of this Permanent Injunction Order, or registered thereafter, so as to constitute an infringement of such registered design in violation of the U.S. Copyright Act, as amended, 17 U.S.C. § 101 et seq.; and/or

b. Manufacturing, designing, creating, copying, imitating, importing, exporting, distributing, supplying, marketing, advertising, promoting, offering for sale or selling any product bearing a design that is confusingly similar to, or making any other unauthorized use of, any design that is the subject of a U.S. trademark registration owned by Sweet People or RCRV, whether such design is registered at the time of entry of this Permanent Injunction Order, or registered thereafter, so as to constitute an infringement of such registered design in violation of the Lanham Act, as amended, 15 U.S.C. § 1051 et seq.

2. Within ten (10) days following entry of this Permanent Injunction Order, Jean Jacket shall provide a copy of this Permanent Injunction Order to its manufacturers, suppliers, distributors and retail and wholesale customers of any products bearing designs that Plaintiffs have alleged infringe their rights in and to the Sweet People Copyrighted Designs, Sweet People's FABRIC CUT OUT DESIGN Trademark and RCRV's INVERTED FLEUR DE LIS DESIGN Trademark, to the extent such manufacturers, suppliers, distributors and retail and wholesale customers may be located through reasonable efforts.

3. Plaintiffs, Jean Jacket and Penhasi have acknowledged that, due to Jean Jacket's record keeping practices, the monetary relief to which Plaintiffs would be entitled as a result of a violation of any of the terms in Paragraphs 1(a)-(b) of this Permanent Injunction Order may not be readily ascertainable. Accordingly, in the event of any violation by Jean Jacket and/or Penhasi of Paragraphs 1(a)-(b) of this Permanent Injunction Order, in addition to any equitable relief to which Plaintiffs may be entitled, the Parties agree that Jean Jacket and Penhasi shall be liable to Plaintiffs, at Plaintiffs sole option, as follows:

(a) Plaintiffs' actual damages as provided for in 17 U.S.C. § 504(b) of the U.S. Copyright Act and 15 U.S.C. § 1117(a) of the Lanham Act and/or a disgorgement of Jean Jacket's profits, as provided for in 17 U.S.C. § 504(b) of the U.S. Copyright Act and 15 U.S.C. § 1117(a) of the Lanham Act; or

(b) The liquidated sum of Fifty Thousand Dollars ($50,000) per infringement in the case of Paragraphs 1(a)-(b), as the Parties have agreed that such sum is reasonably proportionate to Plaintiffs' foreseeable losses for any violation of the terms of Paragraphs 1(a)-(b) of this Permanent Injunction Order.

4. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Permanent Injunction Order, and the Parties' Settlement Agreement, by way of contempt motion or otherwise.

5. The Parties waive any right to appeal this Permanent Injunction Order.

6. The Parties agree that each Party shall bear its own costs and fees associated with this Permanent Injunction Order and the Civil Action.

IT IS SO ORDERED.

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D