Coach Services Inc v. Autek Inc et al, No. 2:2009cv08586 - Document 36 (C.D. Cal. 2010)
Court Description: CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE by Judge George H Wu: ORDERE, ADJUDGED, and DECREED as among the parties hereto that: This Court has jurisdiction over the parties to this Final Judgme nt and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. 1121. Defendant and its agents, servants, employees and all persons in active concert and participation with its who receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon the Coach Marks, either directly or contributorily, in any manner, including but not limited to: Manufacturing, importing, purchasing, distributing, advertising, offering for sale, and/or selling any products which bear marks/designs identical, substantially similar, and/or confusingly similar to the Coach Marks, ( MD JS-6. Case Terminated ) (bp)
Download PDF
<![CDATA[
Coach Services Inc v. Autek Inc et al 1 2 3 4 5 6 7 Doc. 36 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 MADE JS-6 Attorneys for Plaintiff Coach Services, Inc. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 COACH SERVICES, INC., a Maryland Corporation, 13 14 15 16 17 vs. ) CASE NO. CV 09-8586 GW (ANx) ) ) CONSENT JUDGMENT ) INCLUDING A PERMANENT ) INJUNCTION AND VOLUNTARY ) DISMISSAL OF ACTION WITH ) PREJUDICE ) ) ) ) ) ) ) ) ) ) Plaintiff, AUTEK, INC., a California Corporation; AUTEK MANUFACTURING, LLC, a California Limited Liability Company; SCOTT GE a/k/a QHANSHAN GE, an individual; FANG SUN, an individual; RALPH PHIPPS, an individual and DOES 1-10, inclusive, 18 Defendants. 19 20 Plaintiff Coach Services, Inc. (“Coach”) and Defendants Autek, Inc., Scott Ge 21 a/k/a Quanshan Ge, Fang Sun, and Ralph Phipps (collectively “Defendants”) have 22 entered into a Settlement Agreement and Mutual Release as to the claims in the above 23 referenced matter. Defendants, having agreed to consent to the below terms, it is 24 hereby: 25 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 26 1. 27 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. 28 1 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE Dockets.Justia.com 1 2. Coach is the worldwide owner of the trademark “COACH” and various 2 composite trademarks and assorted design components (collectively “Coach Marks”). 3 Coach Marks include but are not limited to the following marks: 4 5 Mark 6 “COACH” U.S. Registration No(s). Registration Date 751, 493 06/25/1963 7 1,071,000 08/09/1977 8 2,088,706 08/19/1997 9 3,157,972 10/17/2006 10 3,413,536 04/15/2008 3,251,315 06/12/2007 3,441,671 06/03/2008 17 2,252,847 06/15/1999 18 2,534,429 01/29/2002 1,309,779 12/18/1984 2,045,676 03/18/1997 2,169,808 06/30/1998 2,592,963 07/09/2002 2,626,565 09/24/2002 2,822,318 03/16/2004 2,832,589 04/13/2004 2,822,629 03/16/2004 3,695,290 10/13/2009 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 Signature “C” Logo 28 2 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 1 3,696,470 10/13/2009 3,012,585 11/08/2005 2 3 4 Coach “Op Art” Mark 5 6 7 8 9 10 3. Plaintiffs have alleged that Defendant’s purchase and sale of products 11 which infringe upon one or more of the Coach Marks constitutes trademark 12 infringement, copyright infringement, and unfair competition under the Copyright Act, 13 17 U.S.C. § 501, et seq., the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and 14 under the common law. 15 4. Defendant and its agents, servants, employees and all persons in active 16 concert and participation with its who receive actual notice of this Final Judgment are 17 hereby permanently restrained and enjoined from infringing upon the Coach Marks, 18 either directly or contributorily, in any manner, including but not limited to: 19 (a) Manufacturing, importing, purchasing, distributing, advertising, 20 offering for sale, and/or selling any products which bear marks/designs identical, 21 substantially similar, and/or confusingly similar to the Coach Marks; 22 (b) Using the Coach Marks or any reproduction, counterfeit, copy or 23 colorable imitation thereof in connection with the manufacture, importation, 24 distribution, advertisement, offer for sale and/or sale of merchandise; 25 (c) Passing off, inducing or enabling others to sell or pass off any 26 products or other items that are not Coach’s genuine merchandise as genuine Coach 27 merchandise; 28 3 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING 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 products which 4 bear marks/designs identical, substantially similar, and/or confusingly similar to the 5 Coach Marks; 6 7 (e) Committing any other acts calculated to cause purchasers to believe that Defendant’s products are Coach’s genuine merchandise unless they are such; 8 (f) Shipping, delivering, holding for sale, distributing, returning, 9 transferring or otherwise moving, storing or disposing of in any manner items falsely 10 bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation 11 thereof; and 12 (g) Assisting, aiding or attempting to assist or aid any other person or 13 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 14 4(f) above. 15 5. The parties have agreed that Defendant shall pay to Plaintiff an amount in 16 settlement of Plaintiff’s demand for damages, profits, costs, disbursements, and 17 attorneys’ fees based upon Defendant’s alleged infringing activities. Plaintiff and 18 Defendant shall bear their own costs associated with this action. 19 6. The execution of this Final Judgment shall serve to bind and obligate the 20 parties hereto. 21 7. The jurisdiction of this Court is retained for the purpose of making any 22 further orders necessary or proper for the construction or modification of this Final 23 Judgment, the enforcement thereof and the punishment of any violations thereof. 24 Except as otherwise provided herein, this action is fully resolved with prejudice. 25 IT IS SO ORDERED. 26 DATE: September 14, 2010 ________________________ Hon. George H. Wu United States District Judge 27 28 4 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
