-CT Chanel, Inc. et al v. Jennifer Spector et al, No. 2:2009cv06637 - Document 13 (C.D. Cal. 2010)

Court Description: STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Christina A. Snyder: Upon Stipulation 12 , it is ORDERED, ADJUDGED AND DECREED as follows: Jennifer Spector a/k/a Jennifer Heller and Janith Maria Neveu a/k/a Jan Neveu, individuall y and jointly, d/b/a 2forspecs d/b/a Fab-bags.com d/b/a Handbagmusthaves.com d/b/a Handbagsrock.com d/b/a Greatdeals-Onstuff d/b/a OCI d/b/a OCI Legal and Occupational Concepts, Inc., a California corporation d/b/a 2forspecs d/b/a Fab-bags.com d/b/a Handbagmusthaves.com d/b/a Handbagsrock.com d/b/a Greatdeals-Onstuff d/b/a OCI d/b/a OCI Legal (collectively the "Fab-bag Defendants"), their respective officers, agents, servants, employees, and all persons in active concert and participat ion with them are hereby permanently restrained and enjoined re Plaintiffs' Respective Marks. This cause between the Plaintiffs and the Fab-bag Defendants is hereby dismissed, with prejudice, subject to the terms of the Settlement Agreement betw een the parties. The parties' respective attorney's fees and costs incurred in connection with this action shall be borne as per the agreement of the individual parties of their Settlement Agreement. The Subject Domain Names are hereby immediately transferred to Plaintiffs with all ownership, right, title and interest in and to all of the Subject Domain Names. See document for details. ( MD JS-6. Case Terminated ) (gk)

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-CT Chanel, Inc. et al v. Jennifer Spector et al 1 2 3 4 5 Doc. 13 Kevin R. Lussier (State Bar No. 143821) BERRY & LUSSIER A Professional Corporation 1901 Avenue of the Stars, Suite 1060 Los Angeles, California 90067 Telephone: (310) 557-8989 Facsimile: (310) 788-0080 E-mail: klussier@bandlpc.com JS-6 Attorneys for Plaintiff, Chanel, Inc. 6 7 8 THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA BERRY & LUSSIER A PROFESSIONAL CORPORATION 10 CHANEL, INC., et al. Plaintiffs, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. JENNIFER SPECTOR a/k/a JENNIFER HELLER, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 09-6637 CAS (CTx) STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION Complaint filed: September 11, 2009 Plaintiffs, Chanel, Inc., a New York corporation ("Chanel") and Gucci America, Inc., a New York corporation (“Gucci”), Balenciaga Corporation France, a foreign business entity (“Balenciaga”), Bottega Veneta International, S.A.R.L., a foreign business entity (“Bottega”), and Yves Saint Laurent America, Inc., a New York corporation (“YSL”) (collectively the “Plaintiffs”), and the Defendants, Jennifer Spector a/k/a Jennifer Heller (“Spector”) and Janith Maria Neveu a/k/a Jan Neveu (“Neveu”), individually and jointly, d/b/a 2forspecs d/b/a Fab-bags.com d/b/a Handbagmusthaves.com d/b/a Handbagsrock.com d/b/a Greatdeals-Onstuff d/b/a OCI d/b/a OCI Legal and Occupational Concepts, Inc., a California -1CV 09-6637 CAS (CTx) STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 corporation d/b/a 2forspecs d/b/a Fab-bags.com d/b/a Handbagmusthaves.com 2 d/b/a Handbagsrock.com d/b/a Greatdeals-Onstuff d/b/a OCI d/b/a OCI Legal 3 (“Occupational Concepts”)(collectively the “Fab-bag Defendants”) stipulate and 4 consent to the following: WHEREAS, the Fab-bag Defendants are alleged to have adopted and began 5 6 using trademarks in the United States which infringe and dilute the distinctive 7 quality of Chanel’s registered trademarks: 8 (collectively the “Chanel Marks”), GG MONOGRAM, GUCCI and HALF 9 HORSEBIT Design (collectively the “GUCCI Marks”), BALENCIAGA and , , , , and CHANEL BERRY & LUSSIER A PROFESSIONAL CORPORATION 10 PURSE DESIGN (collectively the "Balenciaga Marks"), BOTTEGA VENETA (the 11 "Bottega Mark"), and 12 (collectively the “YSL Marks”) (collectively the “Plaintiffs’ Respective Marks”); , YVES SAINT LAURENT, YSL, and 13 WHEREAS, the Fab-bag Defendants’ use of names, or marks which are 14 identical to, or substantially indistinguishable from the Plaintiffs’ Respective Marks 15 is likely to cause confusion as to the source or origin of the Fab-bag Defendants’ 16 products, and will further dilute the distinctive quality of the Plaintiffs’ Respective 17 Marks; WHEREAS, the Fab-bag Defendants stipulate to the transfer to Plaintiffs all 18 19 ownership and rights in the domain names HandbagMustHaves.com and 20 HandbagsRock.com (the “Subject Domain Names”). The Fab-bag Defendants will 21 assist Plaintiffs as necessary and empower them to act on their behalf with 22 registrars to complete the transfer and/or shutdown of the Subject Domain Names; 23 and 24 WHEREAS, based upon each Plaintiff’s good faith prior use of their 25 Respective Marks, the Plaintiffs have superior rights and exclusive rights in and to 26 the Plaintiffs’ Respective Marks in the United States and any confusingly similar names or marks. It is therefore ORDERED, ADJUDGED AND DECREED as follows: -2CV 09-6637 CAS (CTx) STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION 1 1. The Fab-bag Defendants, their respective officers, agents, servants, 2 employees, and all persons in active concert and participation with them are hereby 3 permanently restrained and enjoined from intentionally and/or knowingly: 4 A. manufacturing or causing to be manufactured, importing, 5 advertising, or promoting, distributing, selling or offering to sell counterfeit and 6 infringing goods bearing the Plaintiffs’ Respective Marks; 7 8 9 B. using the Plaintiffs’ Respective Marks in connection with the sale of any unauthorized goods; C. using any logo and/or layout which may be calculated to falsely BERRY & LUSSIER A PROFESSIONAL CORPORATION 10 advertise the services or products of the Fab-bag Defendants as being sponsored by, 11 authorized by, endorsed by, or in any way associated with the Plaintiffs; 12 13 14 D. falsely representing themselves as being connected with the Plaintiffs, through sponsorship or association; E. engaging in any act which is likely to falsely cause members of 15 the trade and/or of the purchasing public to believe any goods or services of the 16 Fab-bag Defendants, are in any way endorsed by, approved by and/or associated 17 with the Plaintiffs; 18 F. using any reproduction, counterfeit, copy, or colorable imitation 19 of the Plaintiffs’ Respective Marks in connection with the publicity, promotion, 20 sale, or advertising of any goods sold by the Fab-bag Defendants, including, 21 without limitation, handbags, wallets, shoes and other goods; 22 G. affixing, applying, annexing or using in connection with the sale 23 of any goods, a false description or representation, including, words or other 24 symbols tending to falsely describe or represent the Fab-bag Defendants’ goods as 25 being those of the Plaintiffs, or in any way endorsed by the Plaintiffs; 26 H. offering such goods in commerce; and from otherwise unfairly competing with the Plaintiffs; I. secreting, destroying, altering, removing, or otherwise dealing -3CV 09-6637 CAS (CTx) STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION 1 with the unauthorized products or any books or records which contain any 2 information relating to the importing, manufacturing, producing, distributing, 3 circulating, selling, marketing, offering for sale, advertising, promoting, renting or 4 displaying of all unauthorized products which infringe the Plaintiffs’ Respective 5 Marks; and J. 6 effecting assignments or transfers, forming new entities or 7 associations or utilizing any other device for the purpose of circumventing or 8 otherwise avoiding the prohibitions set for in subparagraphs (A) through (I). 9 2. Plaintiffs shall have the right to seek sanctions for contempt, BERRY & LUSSIER A PROFESSIONAL CORPORATION 10 compensatory damages, injunctive relief, attorney’s fees, costs and any other relief 11 deemed proper in the event of a violation or failure by the Fab-bag Defendants to 12 comply with any of the provisions hereof. 13 3. This cause between the Plaintiffs and the Fab-bag Defendants is 14 hereby dismissed, with prejudice, subject to the terms of the Settlement Agreement 15 between the parties. 16 4. The parties’ respective attorney’s fees and costs incurred in connection 17 with this action shall be borne as per the agreement of the individual parties of their 18 Settlement Agreement. 19 5. The Subject Domain Names are hereby immediately transferred to 20 Plaintiffs with all ownership, right, title and interest in and to all of the Subject 21 Domain Names. 22 complete the immediate transfer of the Subject Domain Names by unlocking the 23 Subject Domain Names to be transferred with the current registrar and provide the 24 Authorization Code (EPP code) for those domain names to Plaintiffs’ counsel, 25 Kevin Lussier, Esq. 26 6. The Fab-bag Defendants will assist Plaintiffs as necessary to Should the Fab-bag Defendants fail to voluntarily transfer the appropriate Subject Domain Names as required by herein within fifteen (15) days of entry of this Order, the Subject Domain Names are hereby ordered to be -4CV 09-6637 CAS (CTx) STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION 1 immediately transferred by the Fab-bag Defendant’s assignees and/or successors in 2 interest or title, and/or the Registrars to Plaintiffs’ control. To the extent the then 3 current Registrars do not transfer the Subject Domain Names to Plaintiffs’ control 4 within seven (7) days of receipt of a copy of this Judgment, the United States based 5 Registry shall, within thirty (30) days of receipt of a copy of this Judgment, transfer 6 the Subject Domain Names to a United States based Registrar of Plaintiffs’ 7 choosing, and that Registrar shall transfer the Subject Domain Names to Plaintiffs. 8 9 7. Any products bearing the Plaintiffs’ Respective Marks at issue in this proceeding currently in the possession, custody and/or control of the Fab-bag BERRY & LUSSIER A PROFESSIONAL CORPORATION 10 Defendants will be surrendered to Plaintiffs’ counsel for destruction at the 11 Plaintiffs’ instruction. 12 8. This Court will retain continuing jurisdiction over this cause (1) to 13 construe, enforce or implement the terms of this Judgment and Permanent 14 Injunction upon application by any party; and (2) for the purpose of making any 15 orders that are necessary or proper for the construction, modification or 16 enforcement of this Judgment and Permanent Injunction, or for the punishment of 17 any violation thereof. 18 IT IS SO ORDERED: 19 DATED: November 23, 2010 __________________________________________ CHRISTINA A. SNYDER United States District Court Judge 20 21 22 23 24 25 26 -5- CV 09-6637 CAS (CTx) STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION

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