Filed: May 16, 2018
Latest Update: May 16, 2018
Summary: CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST MALAKAN DIAMOND CO. (Doc. 89) SHEILA K. OBERTO , Magistrate Judge . Plaintiff Verragio, Ltd. ("Verragio"), and Defendant Malakan Diamond Co. ("Malakan"), have entered into a confidential settlement agreement to resolve this matter. As part of this agreement, Verragio and Malakan agree to the entry of this Consent Judgment and Permanent Injunction against Malakan. Therefore, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1. This ca
Summary: CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST MALAKAN DIAMOND CO. (Doc. 89) SHEILA K. OBERTO , Magistrate Judge . Plaintiff Verragio, Ltd. ("Verragio"), and Defendant Malakan Diamond Co. ("Malakan"), have entered into a confidential settlement agreement to resolve this matter. As part of this agreement, Verragio and Malakan agree to the entry of this Consent Judgment and Permanent Injunction against Malakan. Therefore, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1. This cas..
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CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST MALAKAN DIAMOND CO.
(Doc. 89)
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff Verragio, Ltd. ("Verragio"), and Defendant Malakan Diamond Co. ("Malakan"), have entered into a confidential settlement agreement to resolve this matter. As part of this agreement, Verragio and Malakan agree to the entry of this Consent Judgment and Permanent Injunction against Malakan.
Therefore, it is hereby ORDERED, ADJUDGED and DECREED as follows:
1. This case is a civil action arising under the Trademark and Copyright Laws of the United States, 15 U.S.C. §§ 1051, et seq. and 17 U.S.C. §§ 101, et seq., respectively. This Court has jurisdiction over the claims which relate to copyright infringement pursuant to 15 U.S.C. § 1121, 17 U.S.C. § 501, and 28 U.S.C. §§ 1331 and 1338(a).
2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and 1400(a).
3. Verragio is a New York corporation with its principal place of business at 330 Fifth Avenue, 5th Floor, New York, NY 10001.
4. Malakan is a California corporation with its principal place of business at 1354 W. Herndon Ave., Fresno, CA 93711.
5. Barry Nisguretsky ("Nisguretsky") is the Chief Executive Officer of Verragio.
6. Among Nisguretsky's jewelry designs are Style Nos. D100, AFN 5005 CU, AFN 5060 CU and INS 7061R, each an original design comprising copyrightable subject matter under the laws of the United States.
7. At all relevant times, Nisguretsky complied in all respects with the Copyright Acts, 17 U.S.C. § 101, et seq., and secured the exclusive rights and privileges in and to the copyrights of D100 (VA 1-818-420), AFN 5005 CU (VA 1-848-332), AFN 5060 CU (VA 1-866-432) and INS 7061R (VA 1-818-623) (collectively the "Verragio Copyrights"). Copies of the Certificates of Registration from the Register of Copyrights for the Verragio Copyrights, as well as the deposit copies of the Verragio Copyrights, are attached to this Consent Judgment as Exhibit A.
8. Nisguretsky has exclusively licensed his copyrighted jewelry designs to Verragio, including Style Nos. D100, AFN 5005 CU, AFN 5060 CU and INS 7061R.
9. Since its creation, Style Nos. D100, AFN 5005 CU, AFN 5060 CU and INS 7061R have been manufactured by Verragio or under its authority.
10. The Verragio Copyrights are valid and enforceable.
11. Each engagement ring in Verragio's Insignia Collection, as well as in most of the other Verragio collections, contains the Verragio Crest. The Verragio Crest, as it applies to jewelry, "consists of the configuration of a crest in the shape of a crown with three points featured as a part of a ring design." Verragio owns a United States trademark registration for the Verragio Crest, Registration No. 4,336,434. A copy of the registration certificate for this is attached to this Consent Judgment as Exhibit B.
12. The Verragio Crest is unique and distinctive and, as such, designates a single source of origin.
13. The Verragio Crest is valid and enforceable.
14. Malakan sold and/or offered to sell rings pictured in Exhibit C (collectively, the "Malakan Rings").
15. Malakan and Malakan's officers, directors, employees, representatives, agents, successors-in-interest, parent corporations, subsidiary corporations, legal entities or persons controlled by Malakan, and all other persons who are in active concert or participation with them, are hereby permanently enjoined from:
a. Selling, offering to sell, imitating, copying, distributing, advertising, marketing or manufacturing any ring protected by the Verragio Copyrights or rings that are substantially similar to the Verragio Copyrights under the United States Copyright Law;
b. Selling, offering to sell, imitating, copying, distributing, advertising, marketing or manufacturing any ring protected by the Verragio Crest or rings that are likely to cause confusion with the Verragio Crest under the United States Trademark Law;
c. Selling, offering to sell, imitating, copying, distributing, advertising, marketing or manufacturing any of the Malakan Rings, or rings that are substantially similar or likely to cause confusion with the Malakan Rings under the United States Copyright and Trademark Laws; and
d. Knowingly assisting, aiding or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraphs 15(a) through 15(c) above.
16. The parties waive notice of entry of this Consent Judgment and Permanent Injunction and the right to appeal therefrom or to test its validity and consent to its immediate entry in accordance with its terms. This Court expressly retains jurisdiction over this matter to enforce, implement or construe this Consent Judgment and Permanent Injunction.
ORDER
IT IS SO ORDERED.
EXHIBIT A
EXHIBIT B
EXHIBIT C
