Forever 21, Inc. v. Ultimate Offprice, Inc., No. 2:2010cv05485 - Document 35 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION by Judge Otis D Wright, II. Plaintiff is entitled to a judgment in its favor and against Defendant in the sum of $1,000,000.00 on Plaintiff's Complaint for Damages and Declaratory Relief.Compla int for Damages and Declaratory Relief. Defendant and any person or entity acting in concert with, at direction of, or authorizing or assisting any third party engaging in, including any and all agents, servants, employees, partners, assignees, distributors, suppliers, resellers and any other parties or individuals over which Defendant may exercise control, is hereby restrained and permanently enjoined. Related to: Stipulation for Judgment 34 . (MD JS-6, Case Terminated). (jp)

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Forever 21, Inc. v. Ultimate Offprice, Inc. 1 2 3 4 5 6 7 8 9 10 11 Doc. 35 JOHNSON & PHAM, LLP Christopher D. Johnson, SBN: 222698 E-mail: cjohnson@johnsonpham.com Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Marcus F. Chaney, SBN: 245227 E-mail: mchaney@johnsonpham.com Ani Sakalian, SBN: 274846 E-mail: asakalian@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 115 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 JS-6 Attorneys for Plaintiff FOREVER 21, INC. 12 UNITED STATES DISTRICT COURT FOR THE 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 16 FOREVER 21, INC., a Delaware Corporation, 17 Plaintiff, 18 19 20 21 vs. CASE NO.: CV10-5485 ODW (JCGx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT ULTIMATE OFFPRICE, INC. ULTIMATE OFFPRICE, INC., a California Corporation, Defendants. 22 23 24 The Court, pursuant to the Stipulation for Entry of Final Judgment, Including 25 Permanent Injunction (“Stipulation”), between Plaintiff FOREVER 21, INC. 26 (“Plaintiff”), and Defendant ULTIMATE OFFPRICE, INC. (“Defendant”), hereby 27 ORDERS, ADJUDICATES, and DECREES that final judgment, including 28 permanent injunction, shall be and hereby is entered on the Complaint in the above[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT ULTIMATE OFFPRICE, INC. 1 Dockets.Justia.com 1 referenced matter as follows: 2 1. FINDINGS OF FACTS. 3 A. FOREVER 21 is the owner of numerous trademarks which it uses in 4 connection with the manufacture, distribution, sale and promotion of a wide range 5 of products, including clothing and accessories. FOREVER 21 owns all rights in 6 and to a family of FOREVER 21 federally registered trademarks which include the 7 following, among others (federally registered trademarks collectively, “FOREVER 8 21 Trademarks”): Trademark Reg. No. Reg. Date 10 FOREVER 21 2,583,457 June 18, 2002 11 FOREVER 21 2,836,546 April 27, 2004 12 FOREVER 21 2,913,132 December 21, 2004 13 FOREVER 21 2,067,637 June 3, 1997 14 XXI 2,873,174 August 17, 2004 15 XXI 2,914,810 December 28, 2004 16 XXI 2,842,184 May 18, 2004 17 HERITAGE 1981 3,447,097 June 10, 2008 18 FORLOVE21 3,140,565 September 5, 2006 19 FORLOVE21 3,140,561 September 5, 2006 20 LOVE & BEAUTY 3,794,963 May 25, 2010 21 LOVE 21 3,775,903 April 13, 2010 22 TWELVE BY TWELVE 3,518,050 October 14, 2008 23 FOREVER STATIONERY 3,689,946 September 29, 2009 24 FOREVER XXI 2,889,536 September 28, 2004 25 FOREVER XXI 2,940,346 April 12, 2005 26 FASHION 21 2,848,238 June 1, 2004 9 27 28 [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT ULTIMATE OFFPRICE, INC. 2 1 B. Consumers and/or purchasers of FOREVER 21’s clothing and related 2 accessories have come to know and recognize Plaintiff’s FOREVER 21 3 Trademarks, and Plaintiff has acquired a valuable reputation and goodwill among 4 the public as result of such association, innovation, and substantial investment in its 5 branding. Indeed, Forever 21 Trademarks are famous in the United States and 6 abroad. 7 C. Defendant acknowledges and does not dispute FOREVER 21’s 8 exclusive rights in and to the FOREVER 21 Trademarks, including the exclusive 9 right to distribute products utilizing such Trademarks. 10 D. Defendant has willfully and intentionally distributed and sold clothing 11 products bearing and/or utilizing one or more FOREVER 21 Trademarks without 12 the authorization from Plaintiff. 13 E. Defendant acknowledges that its sale of the clothing products included 14 the sale of products which displayed one or more FOREVER 21 Trademarks; that 15 its activities were not authorized by Plaintiff; and that its conduct and activities are 16 claimed by Plaintiff to constitute federal Trademark Infringement, False 17 Designation of Origin, Dilution, state Trademark Dilution, and Unfair Business 18 Practices under California law, and other violations of various state and federal 19 statutory and common law. 20 F. Defendant acknowledges Plaintiff claims that Defendant’s 21 aforementioned conduct is a violation of this Court’s previous Preliminary 22 Injunction Order entered by this Court on August 18, 2010. 23 2. MONETARY JUDGMENT. Plaintiff is entitled to a judgment in its 24 favor and against Defendant in the sum of One Million Dollars ($1,000,000.00) on 25 Plaintiff’s Complaint for Damages and Declaratory Relief. 26 3. PERMANENT INJUNCTION. The Court finds there is no reason 27 for delay in entering this Permanent Injunction and, pursuant to Rule 54(a) of the 28 Federal Rules of Civil Procedure, the Court directs immediate entry of this [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT ULTIMATE OFFPRICE, INC. 3 1 Permanent Injunction against Defendant. Defendant and any person or entity acting 2 in concert with, at direction of, or authorizing or assisting any third party engaging 3 in, including any and all agents, servants, employees, partners, assignees, 4 distributors, suppliers, resellers and any other parties or individuals over which 5 Defendant may exercise control, is hereby restrained and permanently enjoined, 6 pursuant to 15 U.S.C. §1116(a), from engaging in any of the following activities in 7 the United States and throughout the world: a. 8 9 copying, manufacturing, exporting, marketing, displaying, selling, offering for sale, reproducing, brokering, consigning, shipping, licensing, 10 developing, delivering, 11 otherwise makes any use of, Plaintiff’s Forever 21 Trademarks, and/or any 12 intellectual property that is confusingly or substantially similar to, or that 13 constitutes a colorable imitation of Plaintiff’s Forever 21 Trademarks in connection 14 with internet use, website, domain name, metatags, advertising, promotions, 15 solicitations, commercial exploitation, television, web-based or any other program, 16 or any product or service, or otherwise; b. 17 or distributing any product or service that uses, or performing or allowing others employed by or representing it, or 18 under its control, to perform any act which is likely to injure Plaintiff’s rights in the 19 Forever 21 Trademarks; and 20 c. engaging in any acts of federal and/or state trademark 21 infringement, false designation, unfair competition, and dilution, which would 22 damage or injure Plaintiff’s rights in its Forever21 Trademarks. 23 4. FOREFEITURE. Defendant is ordered to deliver immediately to 24 counsel of record for Plaintiff for destruction all unauthorized products labels, tags, 25 signs, prints, packages, wrappers, receptacles, and advertisements relating thereto in 26 its possession or under its control bearing any of Plaintiff’s Forever 21 Trademarks 27 or any simulation, reproduction, copy or colorable imitation thereof to the extent 28 that any of these items are in Defendant’s possession or control. [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT ULTIMATE OFFPRICE, INC. 4 1 5. SCOPE OF ENFORCEABILITY. This Final Judgment shall only 2 apply to present claims of Plaintiff FOREVER 21, INC. to the date of execution by 3 the Court, and does not include any future unknown claims that may arise 4 thereafter. 5 6. NO APPEALS and CONTINUING JURISDICTION. No appeals 6 shall be taken from this Final Judgment, Including Permanent Injunction, and the 7 parties waive all rights to appeal. This Court expressly retains jurisdiction over this 8 matter to enforce any violation of the terms of this Final Judgment, Including 9 Permanent Injunction, herein. 10 11 7. NO FEES and COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. 12 13 14 IT IS SO ORDERED, ADJUDICATED, and DECREED this 11th day of October 2011. 15 16 17 18 ______________________________ Hon. Otis D. Wright, United States District Judge for the Central District of California 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT ULTIMATE OFFPRICE, INC. 5

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