ORDER GRANTING STIPULATION FOR ENTRY OF CONSENT PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE

RONALD S.W. LEW, Senior District Judge.

WHEREAS, Plaintiff Sweet People Apparel, Inc. d/b/a Miss Me ("Sweet People") is the owner of U.S. copyright registrations for its Wing Design (U.S. Copyright Registration No. VA 1-733-502 and Supplementary Registration No. 1-432-644); Double Wing Design (U.S. Copyright Registration No. VA 1-802-210); and Vintage White Wing Design (U.S. Copyright Registration No. VA 1-920-749) (collectively referred to as the "Sweet People Copyrighted Designs"), copies of the registration certificates for and photographs of the Sweet People Copyrighted Designs as used on MISS ME jeanswear, being attached hereto as Exhibit A; and

WHEREAS, Plaintiff RCRV, Inc. d/b/a Rock Revival ("RCRV") is the owner of a federally registered design trademark used on and in connection with its ROCK REVIVAL line of jeanswear products, namely, a distinctive inverted fleur-de-lis pocket design (the "INVERTED FLEUR-DE-LIS DESIGN Trademark"), a copy of the registration certificate for the INVERTED FLEUR-DE-LIS DESIGN Trademark, as well as a photograph of such mark as used on ROCK REVIVAL jeanswear, being attached hereto as Exhibit B; and

WHEREAS, on September 22, 2014, Sweet People and RCRV (collectively "Plaintiffs") filed a complaint against Watch L.A. Jeans & Sportswear d/b/a Watch L.A. ("Watch L.A.") and Pierre D. Mitri ("Mitri") (collectively "Defendants") in this action (the "Civil Action"), seeking injunctive relief and damages for acts of willful copyright infringement, willful trademark infringement and counterfeiting, false designation of origin, and unfair competition, arising out of Defendants' creation, design, manufacture, purchase, importation, distribution, promotion, offer for sale and/or sale of certain jeanswear products bearing designs (the "Accused Designs") that, Plaintiffs' alleged, infringe their rights in and to the Sweet People Copyrighted Designs and RCRV's INVERTED FLEUR-DE-LIS DESIGN Trademark (the "Accused Products"), photographs of the Accused Products being attached hereto as Exhibit C; and

WHEREAS, the parties entering into this Consent Permanent Injunction and Voluntary Dismissal of Action With Prejudice (the "Consent Permanent Injunction") are Sweet People, RCRV, Watch L.A. and Mitri (each individually a "Party" and collectively the "Parties"); and

WHEREAS, the Parties herein having entered into a Settlement Agreement; and

WHEREAS, the Parties hereto desire to fully settle all of the claims in this Civil Action among the Parties to this Consent Permanent Injunction without the admission of liability on the part of any Party; and

WHEREAS, the Parties have submitted to the Court's jurisdiction; and

WHEREAS, the Parties have been afforded the opportunity to consult with attorneys of their own choice in connection with the settlement of this action; and

WHEREAS, the Parties have consented to the entry of this Consent Permanent Injunction in full and final resolution of the Civil Action; and

WHEREAS, the Court having jurisdiction over the subject matter of this action and over the Parties, and venue in this action being proper in this judicial district.

The Parties hereby stipulate to the entry by this Consent Permanent Injunction ordering that:

1. Subject to Paragraph 2 herein, Defendants and their agents, affiliates, divisions, parents, subsidiaries, related companies, officers, directors, shareholders, principals, employees, and all natural or legal persons acting on their behalf, or in concert with any of them, shall be PERMANENTLY ENJOINED and RESTRAINED from the date of this Consent Permanent Injunction from attempting to do or causing to be done, directly or indirectly, by any means, method, or device whatsoever, or by any person or persons whomsoever, the following acts:

(a) creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for sale and/or selling any garments bearing any of the Accused Designs, including, without limitation, the Accused Products;

(b) creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for sale and/or selling any garments bearing any design or combination of design elements that is substantially similar to any of the Sweet People Copyrighted Designs;

(c) creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for sale or selling any garments that contain any design or combination of design elements that is confusingly similar to RCRV's INVERTED FLEUR-DE-LIS DESIGN Trademark; and

(d) engaging in any activity constituting unfair competition with RCRV, or acts and practices that deceive the public and/or the trade, including, without limitation, the use of design elements and designations associated with RCRV.

2. Notwithstanding Paragraph 1 above, Defendants shall be permitted to sell-off their remaining inventory of Accused Products (5,559 units) through and including June 1, 2016, but only in Ecuador, Columbia, Venezuela, Curacao and St. Martin and nowhere else.

3. Except to the extent relief is granted on Plaintiffs' Complaint through the entry of this Consent Permanent Injunction, this action shall be deemed dismissed with prejudice.

4. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Consent Permanent Injunction by way of contempt motion or otherwise.

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

6. Each Party shall bear its own costs and attorneys' fees related to this action.

IT IS SO ORDERED.

EXHIBIT A

EXHIBIT B

EXHIBIT C