-JEM Coach, Inc. et al v. Heim Distribution, Inc. et al, No. 2:2010cv08659 - Document 35 (C.D. Cal. 2011)

Court Description: ORDER by Judge R. Gary Klausner Related to: GRANTING Consent Judgment including a Permanent Injunction, Stipulation to Dismiss Case 34 . Defendants and their agents, servants, employees and all persons in active concert and participation with them wh o receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon the Coach Marks, include either directly or contributorily, in any manner, including generally, but not limited to manufacturing, impor ting, distributing, advertising, selling and/or offering for sale any unauthorized product bearing the Coach Marks, or marks confusingly similar or substantially similar to the Coach Marks, and, specifically from: Using the Coach Marks or any reprodu ction, counterfeit, copy or colorable imitation thereof in connection with the manufacture, importation,distribution, advertisement, offer for sale and/or sale of merchandise comprising not the genuine products of Coach, or in any manner likely to ca use others to believe that Defendants products are connected with Coach or Coachs genuine merchandise. The parties have agreed that Defendants shall pay to Plaintiffs an amount in settlement of Plaintiffs demand for damages, profits, costs, disbursements, and attorneys fees based upon Defendants alleged infringing activities. Plaintiffs and Defendants shall bear their own costs associated with this action.( MD JS-6. Case Terminated ) (See order for details) (shb) Modified on 8/17/2011 (shb).

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-JEM Coach, Inc. et al v. Heim Distribution, Inc. et al 1 2 3 4 5 6 7 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 Doc. 35 JS-6 NOTE: CHANGES MADE BY THE COURT Attorneys for Plaintiffs Coach, Inc. and Coach Services, Inc. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 19 COACH, INC., a Maryland Corporation; ) CASE NO. CV 10-8659 RGK (JEMx) COACH SERVICES, INC., a Maryland ) Corporation, ) [PROPOSED] ORDER GRANTING ) CONSENT JUDGMENT INCLUDING Plaintiffs, ) A PERMANENT INJUNCTION AND ) VOLUNTARY DISMISSAL OF v. ) ACTION WITH PREJUDICE ) HEIM DISTRIBUTION, INC., a ) California Corporation dba CENTRAL ) DISTRIBUTION, INC.; YOON S. ) CHUNG, an individual; and DOES 1-10, ) inclusive, ) ) Defendants. ) ) ) 20 WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. (“Coach”) and 21 Defendants Heim Distribution, Inc. dba Central Distribution, Inc. and Yoon S. Chung 22 (collectively “Defendants”) have entered into a Settlement Agreement and Mutual 23 Release as to the claims in the above referenced matter. Defendants, having agreed to 24 consent to the below terms, it is hereby: 12 13 14 15 16 17 18 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. FOR PURPOSES OF THIS ACTION, Coach is the worldwide owner 2 of the trademark “COACH” and various composite trademarks and assorted design 3 components (collectively “Coach Marks”). Coach Marks include but are not limited to 4 the following marks 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 3,338,048 11/11/2007 2,162,303 06/02/1998 2,088,707 08/19/1997 2 3 4 Coach “Op Art” Mark 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3. FOR PURPOSES OF THIS ACTION, in addition to its ownership of 23 various trademark registrations to the Coach Marks, Coach has valid copyright 24 registrations to many of the Coach Marks as well, including but not limited to the 25 Coach Horse and Carriage Mark (U.S. Copyright Reg. No. VA0001714051 and U.S. 26 Trademark Reg. No. 3,441,671) 27 28 3 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 1 4. Plaintiffs have alleged that Defendants’ importation, distribution, 2 advertisement, offering for sale, and sale of products which infringe upon one or more 3 of the Coach Marks constitute trademark infringement, dilution, copyright 4 infringement and unfair competition under the Lanham Trademark Act, the Copyright 5 Act, and under the common law. 6 5. Defendants and their agents, servants, employees and all persons in active 7 concert and participation with them who receive actual notice of this Final Judgment 8 are hereby permanently restrained and enjoined from infringing upon the Coach 9 Marks, include either directly or contributorily, in any manner, including generally, but 10 not limited to manufacturing, importing, distributing, advertising, selling and/or 11 offering for sale any unauthorized product bearing the Coach Marks, or marks 12 confusingly similar or substantially similar to the Coach Marks, and, specifically from: 13 (a) Using the Coach Marks or any reproduction, counterfeit, copy or 14 colorable imitation thereof in connection with the manufacture, importation, 15 distribution, advertisement, offer for sale and/or sale of merchandise comprising not 16 the genuine products of Coach, or in any manner likely to cause others to believe that 17 Defendants’ products are connected with Coach or Coach’s genuine merchandise; 18 (b) Passing off, inducing or enabling others to sell or pass off any 19 products or other items that are not Coach’s genuine merchandise as and for Coach’s 20 genuine merchandise; 21 (c) Leasing space to any tenant who is engaged in the manufacturing, 22 purchasing, production, distribution, circulation, sale, offering for sale, importation, 23 exportation, advertisement, promotion, display, shipping, marketing of Infringing 24 Products; 25 26 27 28 (d) Committing any other acts calculated to cause purchasers to believe that Defendants’ products are Coach’s genuine merchandise unless they are such; (e) Shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing or disposing of in any manner items falsely 4 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 1 bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation 2 thereof; and 3 (f) Assisting, aiding or attempting to assist or aid any other person or 4 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 5 4(e) above. 6 6. The parties have agreed that Defendants shall pay to Plaintiffs an amount 7 in settlement of Plaintiffs’ demand for damages, profits, costs, disbursements, and 8 attorneys’ fees based upon Defendants’ alleged infringing activities. Plaintiffs and 9 Defendants shall bear their own costs associated with this action. 10 7. The execution of this Final Judgment shall serve to bind and obligate the 11 parties hereto. 12 8. The jurisdiction of this Court is retained for the purpose of making any 13 further orders necessary or proper for the construction or modification of this Final 14 Judgment, the enforcement thereof and the punishment of any violations thereof. 15 Except as otherwise provided herein, this action is fully resolved with prejudice. 16 17 IT IS SO ORDERED. 18 19 20 DATED: August 16, 2011 __________________________ Hon. R. Gary Klausner United States District Judge 21 22 23 24 25 26 27 28 5 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE

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