Louis Vuitton Malletier, S.A. v. Brown America International, Inc. et al, No. 2:2008cv04398 - Document 18 (C.D. Cal. 2008)
Court Description: FINAL JUDGMENT UPON CONSENT by Judge Philip S. Gutierrez in favor of Plaintiff Louis Vuitton Malletier, S.A. and against Defendants Brown America International, Inc., Jay Hong Ahn (a/k/a Jay Ahn, Jay K. Ahn), Crown Basics, Inc., and Jason Ahn. It Is Ordered, Adjudged, and Decreed that Defendants are enjoined and restrained throughout the world. (See document for further details). (MD JS-6. Case Terminated ) (mg)
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Louis Vuitton Malletier, S.A. v. Brown America International, Inc. et al 1 2 3 4 5 6 7 8 Doc. 18 Anthony M. Keats (Bar No. 123672) akeats@kmwlaw.com David K. Caplan (Bar No. 181174) dcaplan@kmwlaw.com Konrad K. Gatien (Bar No. 221770) kgatien@kmwlaw.com KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: (310) 248-3830 Facsimile: (310) 860-0363 E-FILED 11/24/08 JS-6 Attorneys for Plaintiff LOUIS VUITTON MALLETIER, S.A. 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 LOUIS VUITTON MALLETIER, S.A., Case No.: CV 08-04398 PSG (CWx) Plaintiff, 15 16 17 18 19 20 21 v. FINAL JUDGMENT UPON CONSENT WITH RESPECT TO DEFENDANTS BROWN AMERICA INTERNATIONAL, INC., a California corporation, JAY HONG AHN, an individual, CROWN BASICS, INC., a California corporation, JASON AHN, an individual, and JOHN DOES 1-10, Defendants. 22 23 24 25 26 27 28 Dockets.Justia.com 1 Plaintiff, Louis Vuitton Malletier, S.A. (hereinafter “Louis Vuitton” or 2 “Plaintiff”), having filed a Complaint in this action charging defendants Brown 3 America International, Inc., Jay Hong Ahn (a/k/a Jay Ahn, Jay K. Ahn), Crown 4 Basics, Inc. and Jason Ahn, (hereinafter “Defendants”) with federal trademark 5 counterfeiting, federal trademark infringement, federal false designation of origin, 6 federal trademark dilution, federal copyright infringement, state statutory and 7 common law trademark counterfeiting, infringement and unfair competition, state 8 statutory unfair competition, state statutory and common law trademark dilution, and 9 constructive trust, and the parties desiring to settle the controversy between them, it is 10 ORDERED, ADJUDGED AND DECREED as between the parties that: 11 1. This Court has jurisdiction over the parties to this action and over the 12 subject matter hereof pursuant to 15 U.S.C. §§ 1116(a) and 1121; 17 U.S.C. § 501; 28 13 U.S.C. § 1331, and § 1338(a) and (b); and 28 U.S.C. § 1367. Venue in this district is 14 proper pursuant to 28 U.S.C. §§ 1391 (b) and (c). Service was properly made against 15 Defendants and Defendants do not contest service or jurisdiction. 16 2. Louis Vuitton is organized and existing under the laws of France, with its 17 principal place of business in Paris, France. Louis Vuitton is the sole and exclusive 18 distributor in the United States of goods bearing the Louis Vuitton Trademarks and 19 Louis Vuitton Copyrighted Works (defined below). 20 21 3. Louis Vuitton is the owner of all rights in and to numerous federal trademark applications and registrations including without limitation the following: 22 Mark Registration No. Date of Registration 23 LV and Design 2,399,161 October 31, 2000 24 Flower Design 2,181,753 August 18, 1998 25 Flower Design 2,177,828 August 4, 1998 26 Flower Design 2,773,107 October 14, 2003 27 28 -1- 1 Louis Vuitton is also the owner of the common law Monogram Multicolor Trademark, 2 a modified version of its Toile Monogram Trademark, printed in thirty-three bright 3 Murakami colors on a white or black background. Louis Vuitton’s trademarks, 4 including without limitation those specifically identified hereinabove, are hereinafter 5 collectively referred to as the “Louis Vuitton Trademarks.” True and correct copies of 6 the Certificates of Registration issued by the United States Patent and Trademark 7 Office evidencing the above-referenced federal trademark registrations are attached to 8 the Complaint and identified as Exhibit 1. 9 4. Louis Vuitton is the owner of certain registrations in the United States 10 Copyright Office including, but not limited to, U.S. Registration No. VA 1-250-121 11 for the Louis Vuitton Multicolor Monogram – Black Print and U.S. Supplementary 12 Registration No. VA-1-365-644 for the Louis Vuitton Multicolor Monogram –Black 13 Print; and U.S. Registration No. VA-1-250-120 for the Louis Vuitton Multicolor 14 Monogram – White Print and U.S. Supplementary Registration No. VA-1-365-645 for 15 the Louis Vuitton Multicolor Monogram – White Print. Louis Vuitton’s copyrights, 16 including without limitation the copyrights specifically identified hereinabove, are 17 hereinafter collectively referred to as the “Louis Vuitton Copyrighted Works.” True 18 and correct copies of the Certificates of Registration issued by the United States 19 Copyright Office evidencing these federal copyright registrations, as well as a color 20 photograph of the copyrighted works identified therein, are attached to the Complaint 21 and identified as Exhibit 2. 22 5. The Louis Vuitton Trademarks are in full force and effect; and the 23 trademarks thereof and the goodwill of Plaintiff’s businesses in connection with which 24 the trademarks are used have never been abandoned. 25 6. Defendants affirm that the entity identified as Crown Basics, Inc. in the 26 complaint is actually a fictitious business name for the defendant Brown America, 27 Inc., and that the individual identified in the complaint as Jay Hong Ahn is also known 28 -2- 1 as Jay Ahn, Jay K. Ahn. Each such defendant agrees to the terms of this Judgment 2 and agrees to be bound by the terms hereof. 3 7. Plaintiff alleges that Defendants have sold merchandise wrongfully 4 bearing counterfeits of the Louis Vuitton Trademarks and infringements of the Louis 5 Vuitton Copyrighted Works. Defendants enter into this Judgment without admitting 6 liability. 7 8. Defendants and their officers, directors, employees, attorneys, partners, 8 agents, subsidiaries, successors, assigns, affiliates and any and all persons and entities 9 under Defendants’ direction or control, or in active concert or participation with any 10 of them, agree to be contractually enjoined and are immediately and permanently 11 enjoined and restrained throughout the world from: 12 (a) using any reproduction, counterfeit, copy or colorable imitation of 13 the Louis Vuitton Trademarks to identify any goods or the 14 rendering of any services not authorized by Plaintiff; 15 (b) engaging in any conduct that tends falsely to represent that, or is 16 likely to confuse, mislead, or deceive purchasers, Defendants’ 17 customers, and/or members of the public to believe that the actions 18 of Defendants, the products sold by Defendants, or Defendants 19 themselves are connected with Plaintiff, are sponsored, approved, 20 or licensed by Plaintiff, or are in some way connected or affiliated 21 with Plaintiff; 22 (c) affixing, applying, annexing, or using in connection with the 23 manufacture, distribution, advertising, sale, and/or offering for sale 24 or other use of any goods or services, a false description or 25 representation, including words or other symbols, tending to 26 falsely describe or represent such goods as being those of Plaintiff; 27 (d) damaging Plaintiff’s goodwill, reputation, and business; 28 -3- 1 (e) infringing the Louis Vuitton Trademarks by manufacturing, 2 importing, producing, distributing, circulating, marketing, 3 advertising, promoting, offering for sale, selling, displaying or 4 otherwise disposing of any products not authorized by Plaintiff 5 bearing any simulation, reproduction, counterfeit, infringement, 6 copy or colorable imitation of the Louis Vuitton Trademarks or 7 Louis Vuitton Copyrighted Works; 8 (f) 9 using any simulation, reproduction, counterfeit, infringement, copy or colorable imitation of the Louis Vuitton Trademarks in 10 connection with the promotion, advertisement, display, sale, 11 offering for sale, manufacture, production, circulation or 12 distribution of any unauthorized products in such fashion as to 13 relate or connect, or tend to relate or connect, such products in any 14 way to Plaintiff, or to any goods sold, manufactured, sponsored or 15 approved by, or connected with Plaintiff; 16 (g) making any statement or representation whatsoever, or using any 17 false designation of origin or false description, or performing any 18 act, which can or is likely to lead the trade or public; or individual 19 members thereof, to believe that any products manufactured, 20 distributed or sold by Defendants are in any manner associated or 21 connected with Plaintiff, or are sold, manufactured, licensed, 22 sponsored, approved or authorized by Plaintiff; 23 (h) directly or indirectly causing the dilution, blurring or tarnishment 24 of the Louis Vuitton Trademarks or using any other name or 25 trademark likely to cause dilution, blurring or tarnishment of any 26 of the Louis Vuitton Trademarks; 27 28 -4- 1 (i) directly or indirectly copying or appropriating any valid 2 intellectual property rights of Louis Vuitton throughout the world 3 including, but not limited to, trademarks, copyrights, design 4 patents, trade dress or luggage, handbags, shoes, apparel, or 5 accessory designs; and 6 (j) 7 8 9 assisting, aiding or abetting any other person or business entity from engaging in or performing any of the above-described acts. 9. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of the 10 settlement agreement between the parties, this Judgment, the enforcement thereof and 11 the punishment of any violations thereof. 12 13 14 10. This Judgment shall be deemed to have been served upon Defendants at the time of its execution by the Court. 11. The Court expressly determines that there is no just reason for delay in 15 entering this Judgment, and pursuant to Rule 54(a) of the Federal Rules of Civil 16 Procedure, the Court directs entry of judgment against Defendants. 17 18 Dated: November 24, 2008 19 20 21 22 ____________________________________ Hon. Philip S. Gutierrez United States District Judge 23 24 25 26 27 28 -5- 1 Presented by: 2 ANTHONY M. KEATS DAVID K. CAPLAN KONRAD K. GATIEN KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard, Penthouse Suite Beverly Hills, California 90212 (310) 248-3830 3 4 5 6 7 8 _________________________ Konrad K. Gatien Attorneys for Plaintiff Louis Vuitton Malletier, S.A. 9 CONSENTS 10 11 12 13 The undersigned hereby consent to the entry of the Final Judgment Upon Consent. Dated: ____________, 2008 14 BROWN AMERICA INTERNATIONAL, INC. d/b/a CROWN BASICS, INC. 15 16 By: __________________________________ 17 Printed Name: ___________________________ 18 Its:____________________________________ 19 20 Dated: ____________, 2008 JAY HONG AHN a/k/a JAY AHN and JAY K. AHN 21 22 By: 23 24 Dated: ____________, 2008 __________________________________ (SSN: xxx-xx-_____) JASON AHN 25 26 27 By: __________________________________ (SSN: xxx-xx-_____) 28 -6-
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