-SS Forever 21, Inc. v. Forever 26 et al, No. 2:2010cv04331 - Document 41 (C.D. Cal. 2011)
Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION AGAINST DEFENDANT $2 ONLY CLOTHING 39 by Judge Consuelo B. Marshall. No appeals shall be taken from this Final Judgment, Including Permanent Injunction, and the parties waive all rights to appeal. Each party shall bear its own attorneys' fees and costs incurred in this matter. (See attached document for details.) (lom)
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-SS Forever 21, Inc. v. Forever 26 et al Doc. 41 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 FOREVER 21, INC., a California Corporation, Plaintiff, 17 18 vs. Case No.: CV10-04331 CBM (SSx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT $2 ONLY CLOTHING 19 20 21 22 23 24 25 26 27 26FOREVER, INC., a California Corporation; FOREVER 26, a Business Entity Form Unknown; MAGIC PRICE, INC., a California Corporation; $2 ONLY CLOTHING, a Business Entity Form Unknown; IRAJ NATAN, an Individual; EVERYTHING $5.99, a Business Entity Form Unknown; IMELDA ORONA, an Individual; and DOES 1 through 10, Inclusive, Defendants. 28 -1FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST $2 ONLY CLOTHING Dockets.Justia.com 1 The Court, pursuant to the Stipulation for Entry of Final Judgment, 2 including Permanent Injunction, by and between Plaintiff FOREVER 21, INC. 3 (“Plaintiff”), on the one hand, and Defendant $2 ONLY CLOTHING 4 (“Defendant”), on the other hand, hereby ORDERS, ADJUDICATES and 5 DECREES that final judgment, including permanent injunction, shall be and 6 hereby is entered on the First Amended Complaint in favor of Plaintiff and against 7 Defendant in the above-referenced matter as follows: 8 1. PERMANENT INJUCTION. Defendant and any person or entity 9 acting in concert with, or at the direction of it, including any and all agents, 10 servants, employees, partners, assignees, distributors, suppliers, resellers and any 11 others over which it may exercise control, are hereby restrained and enjoined, 12 pursuant to 15 U.S.C. § 1116, from engaging in, directly or indirectly, or 13 authorizing or assisting any third party to engage in, any of the following activities 14 in the United States and throughout the world: 15 a) importing, exporting, making, manufacturing, reproducing, 16 assembling, using, acquiring, purchasing, offering for sale, selling, transferring, 17 brokering, consigning, distributing, shipping, licensing, developing, displaying, 18 delivering, marketing, advertising or promoting of unauthorized and counterfeit 19 Forever 21 product utilizing the FOREVER 21 Marks identified in the First 20 Amended Complaint and any other unauthorized Forever 21 product utilizing the 21 FOREVER 21 Marks (including any non-genuine reproduction, counterfeit, copy 22 or colorable imitation thereof). 23 b) importing, exporting, making, manufacturing, reproducing, 24 assembling, using, acquiring, purchasing, offering for sale, selling, transferring, 25 brokering, consigning, distributing, shipping, licensing, developing, displaying, 26 delivering, marketing, advertising or promoting of infringing and diluting product 27 identified in the First Amended Complaint and any other product which infringes 28 or dilutes any of the FOREVER 21 Marks, trade name and/or trade dress including, -2FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST $2 ONLY CLOTHING 1 2 but not limited to, any of the FOREVER 21 Marks at issue in this action. c) The unauthorized use, in any manner whatsoever, of any 3 Forever 21 trademark, trade name and/or trade dress including, but not limited to, 4 the FOREVER 21 Marks at issue in this action, any variants, colorable imitations, 5 translations and/or simulations thereof and/or any items that are confusingly 6 similar thereto, including specifically: 7 i. on or in conjunction with any product or service; and 8 ii. on or in conjunction with any advertising, promotional materials, labels, hangtags, packaging, or containers. 9 10 d) The use of any trademark, trade name, or trade dress that falsely 11 represents, or is likely to confuse, mislead or deceive purchasers, customers, or 12 members of the public to believe that unauthorized product imported, exported, 13 manufactured, reproduced, distributed, assembled, acquired, purchased, offered, 14 sold, transferred, brokered, consigned, distributed, stored, shipped, marketed, 15 advertised and/or promoted by Defendant originates from Plaintiff, or that said 16 merchandise has been sponsored, approved, licensed by, or associated with 17 Plaintiff or is, in some way, connected or affiliated with Plaintiff. 18 e) Engaging in any conduct that falsely represents that, or is likely 19 to confuse, mislead, or deceive purchasers, customers, or members of the public to 20 believe that Defendant itself is connected with, or is in some way sponsored by or 21 affiliated with Plaintiff, purchases product from or otherwise has a business 22 relationship with Plaintiff. 23 f) Affixing, applying, annexing, or using in connection with the 24 manufacture, distribution, advertising, sale, and/or offering for sale or other use of 25 any goods, a false description or representation, including words or symbols, 26 tending to falsely describe or represent such goods as being those of Plaintiff. 27 28 g) Hiding, disposing of, destroying, moving, relocating or transferring any and all products, advertising, promotional materials, labels, -3FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST $2 ONLY CLOTHING 1 hangtags, packaging or containers bearing any of the FOREVER 21 Marks; and/or h) 2 Disposing of, destroying, moving, relocating or transferring any 3 documents or things, including electronic records, pertaining to the purchase, 4 procurement, development, making, manufacture, use, display, advertisement, 5 marketing, licensing, sale, offer for sale, distribution, shipping, or delivery of any 6 products or services bearing any of the FOREVER 21 Marks or which otherwise 7 refer or relate to Plaintiff or any of the FOREVER 21 Marks. 2. 8 9 10 11 This Final Judgment, including Permanent Injunction, shall be deemed to have been served upon Defendant at the time of its execution by the Court. 3. The Court finds there is no just reason for delay in entering this Final 12 Judgment, including Permanent Injunction and, pursuant to Rule 54(a) of the 13 Federal Rules of Civil Procedure, the Court directs immediate entry of this Final 14 Judgment, including Permanent Injunction, against Defendant. 15 4. Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the 16 sum of Two Hundred Fifty Thousand Dollars ($250,000.00) for each incident or 17 occurrence constituting breach of this Permanent Injunction by Defendant. In 18 addition, Plaintiff shall have the right to recover sanctions against Defendant, 19 including but not limited to, sanctions for contempt of Court for each incident or 20 occurrence constituting breach of this Permanent Injunction by Defendant. 21 5. NO APPEALS AND CONTINUING JURISDICTION. No 22 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 23 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 24 over this matter to enforce any violation of the terms of this Final Judgment, 25 Including Permanent Injunction, and the Permanent Injunction herein. 26 6. NO FEES AND COSTS. Each party shall bear its own attorneys’ 27 fees and costs incurred in this matter. However, in the event of breach of this 28 Permanent Injunction by Defendant, Plaintiff shall recover all attorneys’ fees and -4FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST $2 ONLY CLOTHING 1 costs incurred in seeking enforcement of this Final Judgment, including Permanent 2 Injunction. 3 4 IT IS SO ORDERED, ADJUDICATED and DECREED this 13th day of July, 2011. 5 6 7 _______________________________ HON. CONSUELO B. MARSHALL United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST $2 ONLY CLOTHING
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