Filed: Apr. 05, 2017
Latest Update: Apr. 05, 2017
Summary: FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION GLORIA M. NAVARRO , Chief District Judge . Having duly considered the unopposed Motion for Default Judgment and Permanent Injunction, (ECF No. 14), filed by Plaintiff Chanel, Inc. ("Plaintiff"), the Court hereby enters this final judgment by default against Defendant Cale Orosz ("Defendant") pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Final Default Judgment is GRANT
Summary: FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION GLORIA M. NAVARRO , Chief District Judge . Having duly considered the unopposed Motion for Default Judgment and Permanent Injunction, (ECF No. 14), filed by Plaintiff Chanel, Inc. ("Plaintiff"), the Court hereby enters this final judgment by default against Defendant Cale Orosz ("Defendant") pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Final Default Judgment is GRANTE..
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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
GLORIA M. NAVARRO, Chief District Judge.
Having duly considered the unopposed Motion for Default Judgment and Permanent Injunction, (ECF No. 14), filed by Plaintiff Chanel, Inc. ("Plaintiff"), the Court hereby enters this final judgment by default against Defendant Cale Orosz ("Defendant") pursuant to Rule 55(b) of the Federal Rules of Civil Procedure.
IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Final Default Judgment is GRANTED, and judgment is entered in favor of Plaintiff, Chanel, Inc., a New York corporation, with its principal place of business in the United States located at Nine West 57th Street, New York, New York 10019, and against Defendant Cale Orosz a/k/a Cale Ross Orosz a/k/a Cale Matthews, an individual, d/b/a designfuzz.com d/b/a @DesignFuzzCom d/b/a design fuzz d/b/a Ecello Electronics, LLC d/b/a Ecello Electronics (the "Defendant"), as follows:
1. Permanent Injunctive Relief:
Defendant and his officers, agents, servants, employees and attorneys, and all persons acting in concert and participation with Defendant are hereby permanently restrained and enjoined from:
a. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Plaintiff's trademarks identified in Paragraph 7 of the Complaint (the "Chanel Marks"), and identified below:
Registration
Trademark Number Registration Date Class(es)/Goods
(Int'l Class: 9)
Cases for
CHANEL 3,890,159 December 14, 2010 telephones
(Int'l Class: 18)
Key cases
(Int'l Class: 9)
Protective covers
for portable
electronic
devices, handheld
digital devices,
personal
4,074,269 December 20, 2011 computers and
cell phones
(Int'l Class: 16)
Temporary tattoos
(Int'l Class: 18)
Key cases
(Int'l Class: 18)
Leather goods;
1,734,822 November 24, 1992 namely,
handbags, wallets,
travel bags,
luggage, business
card cases,
change purses,
tote bags, and
cosmetic bags
sold empty
CHANEL 1,647,875 June 18, 1991 (Int'l Class: 6)
Keychains
(Int'l Class 6) —
Keychains
(Int'l Class 14) —
Costume jewelry
(Int'l Class 16) —
Gift wrapping
paper
1,501,898 August 30, 1988 (Int'l Class) 25 —
Blouses, shoes,
belts, scarves,
jackets, men's ties
(Int'l Class 26) —
Brooches, buttons
for clothing
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 offered for sale or offered for sale via the Defendant's website operating under the domain name "designfuzz.com" (the "Subject Domain Name"), via any social media platform, including, but not limited to, instagram.com, twitter.com, and/or facebook.com (collectively, the "Social Media"), and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Plaintiff;
d. falsely representing themselves as being connected with Plaintiff, 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 offered for sale or sold via the Defendant's Subject Domain Name, Social Media and/or any other website or business are in any way endorsed by, approved by, and/or associated with Plaintiff;
f. using any reproduction, counterfeit, copy, or colorable imitation of the Chanel Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by Defendant via the Defendant's Subject Domain Name, Social Media and/or any other website or business, including, without limitation, keychains, cases for telephones, and protective covers for portable electronic devices, and tote bags;
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 goods offered for sale or sold by Defendant via the Defendant's Subject Domain Name, Social Media, and/or any other website or business, as being those of Plaintiff or in any way endorsed by Plaintiff;
h. otherwise unfairly competing with Plaintiff; and
i. 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 above.
2. Award Plaintiff $225,000.00 pursuant to 15 U.S.C. § 1117(c).
3. Cost of Suit: award Plaintiff $500.00 pursuant to 15 U.S.C. § 1117(a).
4. Interest from the date this action was filed shall accrue at the legal rate. See 28 U.S.C. § 1961.
IT IS SO ORDERED.
