-MAN Wrangler Apparel Corp. v. National Stores, Inc. et al, No. 2:2010cv08871 - Document 93 (C.D. Cal. 2011)

Court Description: PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS NATIONAL STORES, INC., d/b/a FALLAS PAREDES, and SCAASIS ORIGINALS, INC., d/b/a OCEANIC TRADING COMPANY filed by Judge Manuel L. Real against Defendants National Stores, Inc., SCAASIS ORIGINALS, INC. (pj)

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-MAN Wrangler Apparel Corp. v. National Stores, Inc. et al 1 2 3 4 5 6 7 8 9 10 11 12 13 Doc. 93 GREENBERG TRAURIG, LLP GREGORY A. NYLEN (SBN 151129) Email: nyleng@gtlaw.com NINA D. BOYAJIAN (SBN 246415) Email: boyajiann@gtlaw.com 2450 Colorado Avenue, Suite 400E Santa Monica, CA 90404-5524 Tel: (310) 586-7700 Fax: (310) 586-7800 GREENBERG TRAURIG LLP G. ROXANNE ELINGS (admitted pro hac vice) Email: elingsr@gtlaw.com SETH E. KERTZER (admitted pro hac vice) Email: kertzers@gtlaw.com MetLife Building 200 Park Avenue New York, NY 10166 Tel: (212) 801-9200 Fax: (212) 801-6400 Attorneys for Plaintiff WRANGLER APPAREL CORP. 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 WESTERN DIVISION 17 18 WRANGLER APPAREL CORP., a Delaware corporation, 19 20 21 22 23 24 25 26 Plaintiff, vs. NATIONAL STORES, INC., a California corporation, d/b/a FALLAS PAREDES; SCAASIS ORIGINALS, INC., a New Jersey corporation, d/b/a OCEANIC TRADING COMPANY; TOP MODE FABRICS, INC. d/b/a VISION QUEST TRADING CO., a New York corporation, DAVID KIM, an individual, DAE H. KIM, an individual, and DOES 1-10, 27 CASE NO. CV10-8871 R (MANx) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS NATIONAL STORES, INC., d/b/a FALLAS PAREDES, and SCAASIS ORIGINALS, INC., d/b/a OCEANIC TRADING COMPANY Defendants. 28 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT NY 241,675,765v1 11-30-11 Dockets.Justia.com 1 Plaintiff Wrangler Apparel Corp. (“Plaintiff”), having commenced this action for 2 an injunction and other relief against, inter alia, Defendants Scaasis Originals, Inc. and 3 National Stores, Inc. (“Settling Defendants”) pursuant to the Lanham Act, 15 U.S.C. 4 §1051, et seq., as amended by the Trademark Counterfeiting Act of 1984, Public Law 5 98-473, and under the laws of the State of California, for the reason that Settling 6 Defendants are alleged to be engaged in manufacturing, importing, distributing, offering 7 for sale and/or selling, among other things, products that bear counterfeits and/or 8 imitations of the following trademarks belonging to Plaintiff: 9 Trademark Reg. No. Reg._Date 849,477 1,075,094 May 21, 1968 October 11, 1977 25 25 WRANGLER [rope] 809,323 May 31, 1966 25 WRANGLER [rope 2] 3,756,119 March 2, 2010 25 3,400,937 3,334,429 1,819,976 2,361,033 March 25, 2008 November 13, 2007 February 8, 1994 June 27, 2000 25 25 25 25 634,868 September 25, 1956 25 3,807,497 June 22, 2010 25 10 WRANGLER 11 WRANGLER [Kabel] Class 12 13 14 15 16 17 18 COWBOY CUT 19 SILVER EDITION 20 13MWZ Design only [patch] 21 22 23 24 Design only [W-stitch] 25 26 27 WRANGLER and design [rope patch] 28 2 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT NY 241,675,765v1 11-30-11 1 (collectively “Plaintiff’s Trademarks”); and 2 Settling Defendants, having entered into a Settlement Agreement with Plaintiff 3 and having stipulated to entry of a Permanent Injunction and Final Judgment; and so 4 The parties, having indicated below their consent to the form and entry of this 5 Permanent Injunction and Final Judgment on Consent. 6 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 7 Settling Defendants, their agents, servants, employees, representatives, 8 confederates, affiliates and any other persons or entities acting in concert or participation 9 with them, are permanently enjoined and restrained from: 10 11 i) using in any manner Plaintiff’s Trademarks, or any copies or versions thereof, that are likely to cause confusion, deception, or mistake on or in connection with the advertising, offering for sale, or sale of any product that is Plaintiff’s product, or not authorized by Plaintiff to be sold in connection with Plaintiff’s Trademarks; ii) passing off, reverse passing off, inducing, or enabling others to sell or pass off any product as and for products produced by Plaintiff or its licensees, that are not (i) produced by Plaintiff, (ii) produced under the control and supervision of Plaintiff, or (iii) approved by Plaintiff for sale under the Plaintiff’s Trademarks; iii) committing any acts calculated to cause purchasers to believe that Settling Defendants’ products are sold under the control and supervision of Plaintiff, or sponsored or approved by, or connected with, or guaranteed by, or produced under the control and supervision of Plaintiff, unless they are such; iv) manufacturing, importing, exporting, shipping, delivering, distributing, advertising, printing labels, offering for sale, selling and/or otherwise moving or disposing of products, inventory or parts, including but not limited to tags, hang-tags, rivets, buttons, labels, any other accompaniments, not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear Plaintiff’s Trademarks; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT NY 241,675,765v1 11-30-11 1 v) diluting and/or infringing all of Plaintiff’s Trademarks and damaging Plaintiff’s goodwill and reputation; vi) otherwise competing unfairly with Plaintiff, through the advertising, offering for sale, or sale of any product infringing Plaintiff’s Trademarks in any manner; and vii) from assisting any other party in committing the acts referred to in the above subparagraphs (i) through (vii). 2 3 4 5 6 7 AND IT IS FURTHER ORDERED, that this Court has jurisdiction over the 8 parties, and the subject matter of the action. This Court shall retain jurisdiction to the 9 extent necessary to enforce this Injunction and the Settlement Agreement between the 10 parties, and to determine any issues that may arise under either. 11 12 13 SO ORDERED Dated: _Dec. 5, 2011__ 14 15 By: ___________________________ Manuel L. Real UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT NY 241,675,765v1 11-30-11

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