M M P Inc v. Leyendecker Los Angeles LLC et al
Filing
81
CONSENT JUDGMENT by Judge John A Kronstadt: IT IS HEREBY STIPULATED between Plaintiff MMP and Defendants Leyendecker Los Angeles, LLC, Jessica Moss, and Lisa Guarjardo that Judgment shall be entered as set forth above. (rne)
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MEGAN E. GRAY (SBN 181204)
GRAY MATTERS
2017 Kalorama Road NW, Suite 3
Washington, DC 20009
Telephone: (202) 265-2738
Facsimile: (202) 280-1225
Email:
mg@megangray.com
Attorneys for Plaintiff
M.M.P., INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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M.M.P., INC., a California corporation,
Plaintiff,
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Case No.: CV-10-9340 JAK (PLA)
v.
LEYENDECKER LOS ANGELES, LLC
a California corporation, JESSICA
MOSS, an individual, LISA
GUARJARDO, an individual, VARUN
TEXTILES INC., a California
corporation, BOP, LLC, a Wisconsin
corporation, EMINENT, INC., a
California corporation, DV RETAIL,
INC., a New York corporation, THE
NEIMAN MARCUS GROUP, INC., a
Texas corporation, OTTE, INC., a New
York corporation, RON HERMAN,
INC., a California corporation, SAKS
DIRECT INC., a New York corporation,
THE TJX COMPANIES, INC., a
Massachusetts corporation, and GILT
GROUP INC., a New York corporation.
Defendants.
CONSENT JUDGMENT as to
Defendants Leyendecker, Moss, and
Guarjardo (JS-6 Only)
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Plaintiff M.M.P., Inc. (“Plaintiff”) and Defendants Leyendecker Los Angeles,
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LLC, Jessica Moss, and Lisa Guarjardo ("Defendants") hereby stipulate to the entry of
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Judgment as set forth below, there having been no adjudication of the issues, it is
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hereby:
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ORDERED, ADJUDGED, AND DECREED THAT:
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1.
This Court has jurisdiction over the parties to this action and over the
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subject matter hereof pursuant to 17 U.S.C. § 501, and 28 U.S.C. §§ 1331, 1332, 1338
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and 1367. This Consent Judgment binds defendant(s), their servants, employees,
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subsidiaries, and successors-in-interest. Likewise, Plaintiff’s interest in this Consent
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Judgment may be assigned, permitting any successor-in-interest to enforce these
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provisions.
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2.
Plaintiff is the owner of the following copyrighted designs: MMP's
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design number SAP0800064, which has copyright registration number VA-1-694-742,
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and design number AM085, which has copyright registration number VA-1-683-873S,
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as attached as exhibits to the Complaint (collectively referred to as the “Copyrighted
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Designs”).
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3.
As of the date of this Order, Defendants, and each of its officers,
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directors, shareholders, successors and assigns, agents, employees, and all persons in
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active concert or participation with any of them, be permanently enjoined and
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restrained from, directly or indirectly, infringing the above-described Copyrighted
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Designs of MMP in any manner, including generally, but not limited to reproducing,
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adapting, and/or displaying the Copyrighted Designs by manufacturing, distributing,
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advertising, selling, and/or offering for sale any merchandise that infringes said
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Copyrighted Designs, and specifically:
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(i)
Manufacturing, distributing, selling, and/or offering for sale
said products or any other unauthorized products that picture, reproduce, adapt or
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display any design that bears a substantial similarity to MMP’s Copyrighted Designs;
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or
(ii)
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Manufacturing, distributing, selling, or offering for sale or in
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connection thereto any unauthorized promotional materials, labels, packaging, or
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containers that picture, reproduce, adapt, or display any design that bears a substantial
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similarity to MMP’s Copyrighted Designs;
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4.
commercial distribution and/or public display of:
(a)
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Defendants are required to effect the recall, removal, and return from
Any merchandise that pictures, reproduces, copies, adapts, or
displays designs that bear a substantial similarity to MMP’s Copyrighted Designs;
(b)
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Any promotional and advertising material labels, packages,
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wrappers, containers, and any other unauthorized items that reproduces, copies,
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adapts, or displays designs that bear a substantial similarity to MMP’s Copyrighted
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Designs;
(c)
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Any molds, screens, patterns, plates, or negatives used specifically
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for making or manufacturing products with designs that picture, reproduce, copy, or
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bear a substantial similarity to MMP’s Copyrighted Designs; and
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5.
Each party shall bear its own attorneys' fees and costs, except as provided
in the parties’ Settlement Agreement.
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This Court shall retain jurisdiction to resolve any dispute among the
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parties hereto, including any dispute relating to the parties’ Settlement Agreement or
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this Final Judgment By Consent.
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7.
The Court expressly determines that there is no just reason for delay and
therefore the Court expressly directs that judgment be entered as to these Defendants.
IT IS SO ORDERED.
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DATED: September 23, 2011
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U.S. District Judge Kronstadt
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IT IS HEREBY STIPULATED between Plaintiff MMP and Defendants
Leyendecker Los Angeles, LLC, Jessica Moss, and Lisa Guarjardo that Judgment
shall be entered as set forth above.
DATED:
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____________________________________
Megan E. Gray
Attorney for Plaintiff
MMP, Inc.
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GRAY MATTERS
DATED:
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LAW OFFICE OF DAVID ERIKSON
____________________________________
David Erikson
Attorneys for Defendants
Leyendecker Los Angeles, LLC, Jessica
Moss, and Lisa Guarjardo
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CONSENT IS HEREBY GIVEN to the entry of Judgment as set forth above.
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Dated:
M.M.P., INC.
By: ___________________________________
Gilit Roshan
Dated:
LEYENDECKER LOS ANGELES, LLC
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By: ___________________________________
Jessica Moss, President
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Dated:
By: ___________________________________
Jessica Moss
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JESSICA MOSS (an individual)
Dated:
LISA GUARJARDO (an individual)
By: ___________________________________
Lisa Guarjardo
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