-PJW Coach, Inc. et al v. Jay-Y Enterprise Co., Inc. et al, No. 2:2010cv07984 - Document 39 (C.D. Cal. 2011)

Court Description: ORDER GRANTING CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE by Judge Percy Anderson: Upon Stipulation 38 , ORDERED, ADJUDGED, and DECREED as among the parties hereto that: Defendants Jay-Y Enterp rise Co., Inc. and James Chen and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon Pla intiffs Coach, Inc. and Coach Services, Inc.'s ("Coach") Signature "C" Mark and Chrome Hearts' CH Plus Mark, etc. Plaintiffs and Defendants shall bear their own costs and attorneys' fees associated with this action. Except to the extent relief is granted on Plaintiffs' Complaint through the entry of this Final Judgment, Plaintiffs' Complaint is dismissed with prejudice. See document for details. ( MD JS-6. Case Terminated ) (gk)

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-PJW Coach, Inc. et al v. Jay-Y Enterprise Co., Inc. et al 1 5 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 6 Doc. 39 Attorneys for Plaintiffs 2 3 4 JS-6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 COACH INC., a Maryland corporation; COACH SERVICES, INC., a Maryland corporation; CHROME HEARTS LLC, a Delaware Limited Liability Company, ) CASE NO. CV 10-7984 PA (PJWx) ) ) ORDER GRANTING CONSENT ) JUDGMENT INCLUDING A ) PERMANENT INJUNCTION AND Plaintiff, ) VOLUNTARY DISMISSAL OF vs. ) ACTION WITH PREJUDICE ) JAY-Y ENTERPRISE CO., INC., a ) California corporation; JAMES CHEN, ) an individual; and DOES 1-10, inclusive, ) ) Defendants. ) ) ) WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. (“Coach”) and 20 Defendants Jay-Y Enterprise Co., Inc. and James Chen (collectively “Defendants”) 21 have entered into a Settlement Agreement and Mutual Release as to the claims in the 22 above referenced matter. Defendants, having agreed to consent to the below terms, it 23 is hereby: 24 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 25 1. 26 27 28 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. 2. Coach is the worldwide owner of the trademark “COACH” and various composite trademarks and assorted design components (collectively “Coach Marks”). 1 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE Dockets.Justia.com 1 Amongst the many Coach Marks, one of the most well-known and recognized marks is 2 Coach’s Signature “C” Mark (see below). Coach has used the Signature “C” Mark in 3 association with the sale of goods since as early as 2001. The Signature “C” Mark was 4 first registered at the U.S. Patent and Trademark Office on September 24, 2002. 5 Registrations for the Signature “C” Mark include, but are not limited to, U.S. Reg. 6 Nos. 2,832,589; 3,695,290; and 2,534,429 7 8 9 10 11 12 13 14 15 16 17 3. Chrome Hearts, LLC is the owner of the word/mark “Chrome Hearts” and various composite trademarks comprising the Chrome Hearts mark and assorted design components (hereinafter collectively the “Chrome Hearts Marks”). Amongst the Chrome Hearts Marks, the CH Plus Mark (which include but are not limited to U.S. Trademark Reg. Nos. 3,731,400; 3,365,408; 3,385,449; and 3,388, 911) is one of the most well recognized and serve as instant source identifier for Chrome Hearts’ products. The CH Plus Mark is also registered with the U.S. Copyright Office (U.S. Copyright Reg. No. VA 705-233) 18 19 20 4. Plaintiffs have alleged that Defendants’ importation, distribution, 21 advertisement, offering for sale, and sale of products which infringe upon Coach’s 22 Signature “C” Mark and Chrome Hearts’ CH Plus Mark constitute trademark 23 infringement, trademark dilution, copyright infringement, and unfair competition under 24 the Lanham Trademark Act, the Copyright Act, and under the common law. 25 5. Defendants and their agents, servants, employees and all persons in active 26 concert and participation with them who receive actual notice of this Final Judgment 27 are hereby permanently restrained and enjoined from infringing upon Coach’s 28 2 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 1 Signature “C” Mark and Chrome Hearts’ CH Plus Mark (“Plaintiffs’ Respective 2 Marks”) either directly or contributorily in any manner, including: 3 (a) manufacturing, importing, distributing, advertising, selling and/or 4 offering for sale any products bearing the marks/designs depicted on the eyewear 5 (regardless of colors) shown below and/or any products bearing Plaintiffs’ Respective 6 Marks, or marks confusingly similar or substantially similar thereto (“Accused 7 Products”); 8 9 10 11 12 13 14 15 16 17 18 (b) Using Plaintiffs’ Respective Marks or any reproduction, 19 counterfeit, copy or colorable imitation thereof in connection with the manufacture, 20 importation, distribution, advertisement, offer for sale and/or sale of merchandise 21 comprising not the genuine products of Plaintiffs, or in any manner likely to cause 22 others to believe that Defendants’ products are connected with Plaintiffs or Plaintiffs’ 23 genuine merchandise; 24 (c) Shipping, delivering, holding for sale, distributing, returning, 25 transferring or otherwise moving, storing or disposing of in any manner Infringing 26 Products except as provided under the parties Settlement Agreement; 27 28 (d) Manufacturing, importing, purchasing, producing, distributing, circulating, selling, offering for sale, importing, exporting, advertising, promoting, 3 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 1 displaying, shipping or marketing goods bearing a mark or feature identical and/or 2 confusingly similar to Plaintiffs’ Respective Marks, service marks, trade names, logos 3 and/or copyrighted works; 4 (e) Committing any other acts calculated to cause purchasers to believe 5 that Defendants’ products are Plaintiffs’ genuine merchandise or associated with 6 Plaintiffs in any way; 7 (f) Assisting, aiding or attempting to assist or aid any other person or 8 entity in performing any of the prohibited activities referred to in Paragraphs 5(a) to 9 5(e) above. 10 11 6. Plaintiffs and Defendants shall bear their own costs and attorneys’ fees associated with this action. 12 7. 13 parties hereto. 14 8. 15 16 The execution of this Final Judgment shall serve to bind and obligate the Except to the extent relief is granted on Plaintiffs’ Complaint through the entry of this Final Judgment, Plaintiffs’ Complaint is dismissed with prejudice. 9. The jurisdiction of this Court is retained for the purpose of making any 17 further orders necessary or proper for the construction or modification of this Final 18 Judgment, the enforcement thereof and the punishment of any violations thereof. 19 Except as otherwise provided herein, this action is fully resolved with prejudice. 20 21 IT IS SO ORDERED. 22 23 24 DATED: August 15, 2011 __________________________ Hon. Percy Anderson United States District Judge 25 26 27 28 4 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE

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