Coach, Inc. v. Abner's Fashion et al, No. 2:2008cv08191 - Document 122 (C.D. Cal. 2009)

Court Description: ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION; VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT SI HYUK IM DBA S.H. TRADING by Judge A. Howard Matz, it is hereby: ORDERED, ADJUDGED, and DECREED as among the parties hereto that: This Co ur t has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 USC 1121; Defendant and its agents, servants, employees and all persons in active concert and participation with it who r ece ive actual notice of this Final Judgment are hereby permanently restrained and enjoined (See attached Order for further information). Plaintiff and Defendant shall bear their own costs associated with this action. The jurisdiction of this Court i s re tained for the purpose of making any further orders necessary or proper for the construction or modification of this Final Judgment, the enforcement thereof and the punishment of any violations thereof. Except as otherwise provided herein, this actio n is fully resolved with prejudice as to Defendant Si Hyuk Im dba S.H. Trading. Related to: Stipulation for Permanent Injunction and to Dismiss Party 121 . (jp)

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Coach, Inc. v. Abner's Fashion et al 1 Doc. 122 5 Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 915 North Citrus Avenue Hollywood, California 90038 Telephone: (323) 464-7400 Facsimile: (323) 464-7410 6 Attorneys for Plaintiff Coach, Inc. 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 COACH, INC., 12 Plaintiff, 13 vs. 14 ABNER’S FASHION, et al., 15 Defendants. 16 17 ) CASE NO. CV 08-8191 AHM (RZx) ) ) ORDER RE CONSENT JUDGMENT ) INCLUDING A PERMANENT ) INJUNCTION; VOLUNTARY ) DISMISSAL WITH PREJUDICE AS ) TO DEFENDANT SI HYUK IM dba ) S.H. TRADING ) ) ) Plaintiffs Coach, Inc. (“Plaintiff” or “Coach”) and Defendant Si Hyuk Im dba 18 S.H. Trading (erroneously sued as “S.H. Trading”) have entered into a Settlement 19 Agreement and Mutual Release as to the claims in the above referenced matter. 20 Defendant, having agreed to consent to the below terms, it is hereby: 21 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 22 1. 23 24 This Court has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 2. Coach is the worldwide owner of the trademark “COACH” and various 25 composite trademarks and assorted design components (“Coach Marks”). The Coach 26 Marks include but are not limited to the following: 3,354,448; 2,045,676; 2,626,565, 27 and 3,251,315. 28 1 ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT S.H. TRADING Dockets.Justia.com 1 3. Plaintiff has alleged that Defendant’s purchase and sale of products which 2 infringe upon the Coach Marks constitutes trademark infringement and unfair 3 competition under the Lanham Trademark Act, 15 U.S.C. § 1051, et seq. and under the 4 common law. 5 4. Defendant and its agents, servants, employees and all persons in active 6 concert and participation with it who receive actual notice of this Final Judgment are 7 hereby permanently restrained and enjoined from infringing upon the Coach Marks, 8 either directly or contributorily, in any manner, including generally, but not limited to 9 manufacturing, importing, distributing, advertising, selling and/or offering for sale any 10 unauthorized product bearing the Coach Marks, or marks confusingly similar or 11 substantially similar to the Coach Marks, and, specifically from: 12 (a) Using the Coach Marks or any reproduction, counterfeit, copy or 13 colorable imitation of the Coach Marks in connection with the manufacture, 14 importation, distribution, advertisement, offer for sale and/or sale of merchandise 15 comprising not the genuine products of Coach, or in any manner likely to cause others 16 to believe that the Counterfeit Products are connected with Coach or Coach’s genuine 17 merchandise bearing the Coach Marks; 18 (b) Passing off, inducing or enabling others to sell or pass off any 19 products or other items that are not Coach’s genuine merchandise as and for Coach’s 20 genuine merchandise; 21 (c) Leasing space to any tenant who is engaged in the manufacturing, 22 purchasing, production, distribution, circulation, sale, offering for sale, importation, 23 exportation, advertisement, promotion, display, shipping, marketing of Infringing 24 Products 25 26 27 28 (d) Committing any other acts calculated to cause purchasers to believe that Defendant’s products are Coach’s genuine merchandise unless they are such; (e) Shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing or disposing of in any manner items falsely 2 ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT S.H. TRADING 1 bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation 2 of same; and 3 (f) Assisting, aiding or attempting to assist or aid any other person or 4 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 5 4(e) above. 6 5. Without any admission of liability, the parties have agreed that Defendant 7 shall pay to Plaintiff an amount in settlement of Plaintiff’s demand for damages, 8 profits, costs, disbursements, and attorneys’ fees based upon Defendant’s alleged 9 infringing activities. Plaintiff and Defendant shall bear their own costs associated with 10 11 12 13 this action. 6. The execution of this Final Judgment by Counsel for the parties shall serve to bind and obligate the parties hereto. 7. The jurisdiction of this Court is retained for the purpose of making any 14 further orders necessary or proper for the construction or modification of this Final 15 Judgment, the enforcement thereof and the punishment of any violations thereof. 16 Except as otherwise provided herein, this action is fully resolved with prejudice as to 17 Defendant Si Hyuk Im dba S.H. Trading. 18 19 IT IS SO ORDERED. 20 21 22 DATED: October 20, 2009 HON. A. HOWARD MATZ United States District Judge 23 24 25 26 27 28 3 ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT S.H. TRADING

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