Coach, Inc. v. YH Forever, Inc. et al, No. 2:2009cv00771 - Document 26 (C.D. Cal. 2009)
Court Description: ORDER RE FINAL JUDGMENT by Judge Manuel L. Real Upon Consent Including Permanent Injunction and Voluntary Dismissal of Action With Prejudice. Plaintiff Coach, Inc. and Defendant YH Forever, Inc. have entered into a Settlement Agreement and Mutual Release as to the claims in the above referenced matter. Defendants are hereby permanently restrained and enjoined from infringing upon the Coach Marks. (mg)
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Coach, Inc. v. YH Forever, Inc. et al 1 Doc. 26 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 12 13 14 15 16 17 18 COACH, INC., a Maryland Corporation. ) CASE NO. 09-771 R (CWx) ) ) Plaintiff, ) ORDER RE FINAL JUDGMENT vs. ) UPON CONSENT INCLUDING ) PERMANENT INJUNCTION AND YH FOREVER, INC., a California ) VOLUNTARY DISMISSAL OF Corporation, ) ACTION WITH PREJUDICE ) Defendants. ) ) Honorable Manuel Real ) ) Plaintiff Coach, Inc. (“Plaintiff” or “Coach”) and Defendant YH Forever, Inc. 19 (“Defendant”) have entered into a Settlement Agreement and Mutual Release as to the 20 claims in the above referenced matter. Defendant, having agreed to consent to the 21 below terms, it is hereby: 22 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 23 1. 24 25 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 Services, Inc., Coach, Inc.’s wholly-owned subsidiary (hereinafter 26 collectively “Coach”), is the worldwide owner of the trademark “COACH” and 27 various composite trademarks and assorted design components (“Coach Marks”). 28 1 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE Dockets.Justia.com 1 3. Coach owns the “CC CC CC CC” Mark, which appears on Coach 2 products in a repetitive manner varying in different sizes and colors (“CC Design”). 3 Coach has used the CC Design in association with the sale of goods since as early as 4 2001 in connection with its “Signature” line of handbags and wallets. Registrations for 5 the CC Design include but are not limited to U.S. Registration Nos. 2,626,565; 6 2,822,318, and 3,012,585. 7 4. Plaintiff has alleged that Defendant’s purchase and sale of products which 8 infringe upon the CC Design constitutes trademark infringement and unfair 9 competition under the Lanham Trademark Act, 15 U.S.C. § 1051, et seq and under the 10 11 common law. Defendant has denied Plaintiff’s claims as alleged. 5. Defendant and its agents, servants, employees and all persons in active 12 concert and participation with it who receive actual notice of this Final Judgment are 13 hereby permanently restrained and enjoined from infringing upon the Coach Marks, 14 including the CC Design, either directly or contributorily, in any manner, including 15 generally, but not limited to manufacturing, importing, distributing, advertising, selling 16 and/or offering for sale any unauthorized product bearing the Coach Marks, or marks 17 confusingly similar or substantially similar to the Coach Marks, and, specifically from: 18 19 20 (a) Using the MW Mark in the manner depicted in Exhibit 1 attached hereto or any other manner that is confusingly similar to Coach’s CC Design; (b) Using the Coach Marks or any reproduction, counterfeit, copy or 21 colorable imitation of the Coach Marks in connection with the manufacture, 22 importation, distribution, advertisement, offer for sale and/or sale of merchandise 23 comprising not the genuine products of Coach, or in any manner likely to cause others 24 to believe that the Counterfeit Products are connected with Coach or Coach’s genuine 25 merchandise bearing the Coach Marks; 26 (c) Passing off, inducing or enabling others to sell or pass off any 27 products or other items that are not Coach’s genuine merchandise as and for Coach’s 28 genuine merchandise; 2 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 1 (d) Leasing space to any tenant who is engaged in the manufacturing, 2 purchasing, production, distribution, circulation, sale, offering for sale, importation, 3 exportation, advertisement, promotion, display, shipping, marketing of Infringing 4 Products 5 6 (e) Committing any other acts calculated to cause purchasers to believe that Defendant’s products are Coach’s genuine merchandise unless they are such; 7 (f) Shipping, delivering, holding for sale, distributing, returning, 8 transferring or otherwise moving, storing or disposing of in any manner items falsely 9 bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation 10 of same; and 11 (g) Assisting, aiding or attempting to assist or aid any other person or 12 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 13 4(e) above. 14 6. The execution of this Final Judgment shall serve to bind and obligate the 15 parties hereto. 16 7. The jurisdiction of this Court is retained for the purpose of making any 17 further orders necessary or proper for the construction or modification of this Final 18 Judgment, the enforcement thereof and the punishment of any violations thereof. 19 Except as otherwise provided herein, this action is fully resolved with prejudice. 20 21 IT IS SO ORDERED. 22 23 DATED: Nov. 16, 2009 ________________________ Hon. Manuel Real United States District Judge 24 25 26 27 28 3 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE
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