-SS Forever 21, Inc. v. Top Top Clothing, Inc. et al, No. 2:2010cv06311 - Document 78 (C.D. Cal. 2011)
Court Description: STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION by Judge George H. King. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: Defendant Top Top Clothing, Inc., also doing business as Yossi Fashion, Top Top Jeans and Everything $ ;1 $2 $3, and all of its agent, employees, officers, representatives and all other persons and/or entities acting in concert or participation with Top Top Clothing, Inc. or at Top Top Clothing, Inc.'s direction, including, but not limi ted to (a) all persons associated with any wholesale or retail outlet in any form (brick and mortar, internet, etc.) in which Top Top and/or its President, Yosef Dangor, have any ownership interest; (b) all persons associated with any wholesale or re tail outlet which is under the management or control of Top Top and/or its President, Yosef Dangor; and (c) all such wholesale and retail outlets, and each of them (hereinafter, individually and collectively, "Top Top"), are permanently enj oined from ever doing, attempting, or causing to be done, whether directly or indirectly, by any means, method, or device whatsoever, any of the following: The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, o ffer, sale, transfer, brockerage, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising or promotion of any Forever 21 product, including, but not limited to, any Forever 21 clothing, unless such action is first authorized in writing by an officer, director or managing agent of Forever 21, Inc. Related to: Stipulation for Settlement, 73 (MD JS-6, Case Terminated). (bp)
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-SS Forever 21, Inc. v. Top Top Clothing, Inc. et al 1 2 3 4 5 6 7 Doc. 78 Kathyleen A. O’Brien (SBN 94218) kobrien@reedsmith.com Rachel A. Rubin (SBN 263753) rrubin@reedsmith.com REED SMITH LLP 1901 Avenue of the Stars, Suite 700 Los Angeles, CA 90067 Telephone: 310.734.5200 Facsimile: 310.734.5299 FILED: 3/10/11 JS-6 Attorneys for Plaintiff FOREVER 21, INC. 8 CENTRAL DISTRICT OF CALIFORNIA 11 REED SMITH LLP UNITED STATES DISTRICT COURT 10 A limited liability partnership formed in the State of Delaware 9 WESTERN DIVISION 12 13 FOREVER 21, INC., a Delaware corporation, Plaintiff, 14 15 16 17 18 19 20 21 v. Case No.: CV10 6311-GHK (SSx) STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION TOP TOP CLOTHING, INC., a California corporation, also doing business as YOSSI FASHION, TOP TOP JEANS, and EVERYTHING $1 $2 $3; PRIMETIME CLOTHING, INC., a California corporation, also doing business as YOSSI FASHION, TOP TOP JEANS, and EVERYTHING $1 $2 $3; DOES 1-10, inclusive, Defendants. 22 23 24 25 26 27 28 US_ACTIVE-105013663 STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION Dockets.Justia.com 1 The Court, having considered all papers and pleadings on file in this 2 action, including the parties’ Stipulation for Re Settlement of Action and For Entry of 3 Final Judgment of Permanent Injunction and [Proposed] Order Thereon, and having 4 determined that the parties have stipulated to the entry of final judgment, and as to 5 these stipulating parties: 6 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 7 8 9 1. Defendant Top Top Clothing, Inc., also doing business as Yossi Fashion, REED SMITH LLP Top Top Jeans and Everything $1 $2 $3, and all of its agents, employees, officers, 11 A limited liability partnership formed in the State of Delaware 10 representatives and all other persons and/or entities acting in concert or participation 12 with Top Top Clothing, Inc. or at Top Top Clothing, Inc.’s direction, including, but 13 not limited to (a) all persons associated with any wholesale or retail outlet in any form 14 (brick and mortar, internet, etc.) in which Top Top and/or its President, Yosef Dangor, 15 have any ownership interest; (b) all persons associated with any wholesale or retail 16 outlet which is under the management or control of Top Top and/or its President, 17 Yosef Dangor; and (c) all such wholesale and retail outlets, and each of them 18 (hereinafter, individually and collectively, “Top Top”), are permanently enjoined from 19 ever doing, attempting, or causing to be done, whether directly or indirectly, by any 20 means, method, or device whatsoever, any of the following: 21 22 a. The import, export, making, manufacture, reproduction, assembly, 23 use, acquisition, purchase, offer, sale, transfer, brokerage, 24 consignment, distribution, 25 development, display, 26 promotion of any Forever 21 product, including, but not limited to, 27 any Forever 21 clothing, unless such action is first authorized in storage, delivery, shipment, marketing, licensing, advertising 28 -2STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION or 1 writing by an officer, director or managing agent of Forever 21, 2 Inc.; 3 4 b. The import, export, making, manufacture, reproduction, assembly, 5 use, acquisition, purchase, offer, sale, transfer, brokerage, 6 consignment, distribution, 7 development, display, 8 promotion of any product which infringes any Forever 21 9 copyright, any variants thereof and any designs that are storage, delivery, shipment, marketing, licensing, advertising or substantially similar thereto; 10 REED SMITH LLP A limited liability partnership formed in the State of Delaware 11 12 c. The import, export, making, manufacture, reproduction, assembly, 13 use, acquisition, purchase, offer, sale, transfer, brokerage, 14 consignment, distribution, 15 development, display, 16 promotion of any product which infringes any Forever 21 17 trademark and/or trade name including, but not limited to, the 18 Forever 21 trademarks identified in Exhibit 1 hereto, any non- 19 genuine reproduction, counterfeit, copy, variant, colorable 20 imitation, translation and/or simulation thereof, and/or any 21 trademarks that are likely to be confusingly similar thereto; storage, delivery, shipment, marketing, licensing, advertising or 22 23 d. The unauthorized use, in any manner whatsoever, of any 24 Forever 21 trademark and/or trade name including, but not limited 25 to, the Forever 21 trademarks identified in Exhibit 1, and/or any 26 non-genuine reproduction, counterfeit, copy, variant, colorable 27 imitation, translation and/or simulation thereof and/or use of any 28 -3STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION 1 trademarks that are likely to be confusingly similar thereto, 2 including specifically as follows: 3 (i) 4 on or in conjunction with any unauthorized service or 5 product including, but not limited to, any Forever 21 6 clothing; and 7 (ii) 8 in, on or in conjunction with any unauthorized advertising, promotional 9 materials, labels, hangtags, packaging, containers, websites or internet materials. 10 REED SMITH LLP A limited liability partnership formed in the State of Delaware 11 12 e. The import, export, making, manufacture, reproduction, assembly, 13 acquisition, purchase, use, offer, sale, transfer, brokering, 14 consignment, distribution, 15 development, display, 16 promotion of any products originally manufactured on behalf of 17 Forever 21 that once bore any of the Forever 21 Marks, even if 18 those marks have been blacked out, cut out removed, or otherwise 19 obliterated, unless (1) such activities have been first approved in 20 writing by Forever 21 on its standard approval forms in conformity 21 with its then current standard approval procedures; or (2) such 22 activities have been authorized by Forever 21 pursuant to a written 23 authorized reseller agreement between Forever 21 and Top Top 24 signed by an officer, director or managing agent of each company. storage, delivery, shipment, marketing, licensing, advertising or 25 26 f. Using any trademark or trade name that falsely represents, or is 27 likely to confuse, mislead, or deceive purchasers, customer, or 28 members of the public to believe that unauthorized products -4STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION 1 imported, exported, manufactured, reproduced, distributed, 2 assembled, acquired, purchased, offered, sold, transferred, 3 brokered, consigned, distributed, shipped, marketed, advertised 4 and/or promoted by Defendants originate from Forever 21, or that 5 said merchandise has been sponsored, approved, licensed by, or 6 associated with Forever 21 or is, in some way, connected or 7 affiliated with Forever 21. 8 g. 9 Engaging in any conduct that falsely represents that, or is likely to REED SMITH LLP confuse, mislead, or deceive purchasers, customers, or members of 11 A limited liability partnership formed in the State of Delaware 10 the public to believe that Defendants themselves are connected 12 with, or are in some way sponsored by or affiliated with 13 Forever 21, purchases products from or otherwise have a business 14 relationship with Forever 21. 15 16 2. If Top Top, or any of its agents, employees, officers, representatives or 17 other persons acting in concert or participation with them, or at Top Top’s direction, 18 breach any of the terms of this Stipulated Final Judgment for Entry of Permanent 19 Injunction (the “Stipulated Permanent Injunction”), Forever 21 shall have the right to 20 recover sanctions against Top Top including, but not limited to, sanctions for 21 contempt of court. 22 23 3. If Forever 21 so elects, in lieu of recovering compensatory damages from 24 Top Top for breach of this Stipulated Final Judgment, it shall recover from the Top 25 Top (but not from Josef Dangor in his individual capacity) liquidated damages in the 26 amount to be determined by the Court) for each incident or occurrence which 27 constitutes a breach of this Stipulated Final Judgment. For purposes of this Stipulated 28 Final Judgment, among other things, use by or on behalf of Top Top of any of the -5STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION 1 Forever 21 trademarks identified in Exhibit 1 hereto of this Agreement or any written 2 updates to that exhibit provided to Top Top by Forever 21 including, but not limited 3 to, each purchase or sale of any product containing any such trademark shall constitute 4 a separate incident or occurrence. 5 4. 6 The prevailing party shall recover attorneys’ fees and costs incurred in 7 any proceeding to enforce this Stipulated Final Judgment and/or in any proceeding 8 seeking any remedy based upon the alleged failure of Top Top to comply herewith. 9 5. 10 This is a Final Judgment and is enforceable upon entry. The parties have REED SMITH LLP A limited liability partnership formed in the State of Delaware 11 waived findings of fact, conclusions of law, a statement of decision, and any right to 12 set aside this Judgment, appeal herefrom, seek a new trial, or otherwise contest the 13 validity of this Judgment in any way whatsoever. 14 6. 15 16 Service on counsel for Top Top or any then current member, manager or officer of Top Top of a copy of this Judgment shall constitute notice to Top Top. 17 18 Dated: March 10 , 2011 19 ________________________________ HONORABLE GEORGE H. KING UNITED STATES DISTRICT COURT JUDGE 20 21 22 Presented by: 23 REED SMITH LLP 24 25 26 27 By Kathyleen A. O’Brien Attorneys for Plaintiff FOREVER 21, INC. 28 -6STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION EXHIBIT 1 EXHIBIT 1 SCHEDULE OF TRADEMARKS Registered Trademarks Reg. No. Reg. Date FOREVER 21 2,583,457 June 18, 2002 FOREVER 21 2,836,546 April 27, 2004 FOREVER 21 2,913,132 December 21, 2004 FOREVER 21 2,067,637 June 3, 1997 XXI 2,873,174 August 17, 2004 XXI 2,914,810 December 28, 2004 XXI 2,842,184 May 18, 2004 HERITAGE 1981 3,447,097 June 10, 2008 FORLOVE21 3,140,565 September 5, 2006 FORLOVE21 3,140,561 September 5, 2006 LOVE & BEAUTY 3,794,963 May 25, 2010 LOVE 21 3,775,903 April 13, 2010 TWELVE BY TWELVE 3,518,050 October 14, 2008 FOREVER STATIONERY 3,689,946 September 29, 2009 FOREVER XXI 2,889,536 September 28, 2004 FOREVER XXI 2,940,346 April 12, 2005 FASHION 21 2,848,238 June 1, 2004 Common Law Trademarks TWENTY ONE and Bird Design XXI and Bird Design 21 US_ACTIVE-105706001.1 EXHIBIT 1 – Page 1 of 2 Common Law Trademarks I ♥ H81 F21 HTG81 FAITH 21 I LOVE H81 2.1 DENIM LIFE IN PROGRESS JOY21 PEACE 21 21 MEN TWENTYONE MEN SOPHIE & ME CEREAL US_ACTIVE-105706001.1 EXHIBIT 1 – Page 2 of 2
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