-FMO Forever 21, Inc. v. Hi Fashion, Inc. et al, No. 2:2011cv01931 - Document 38 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. by Judge George H Wu, Plaintiff is entitled to a judgment in its favor and against Defendant in the sum of One Million Dollars ($1,000,000.00) on Plaintiffs Complaint for Damages. (MD JS-6, Case Terminated). (pj)

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-FMO Forever 21, Inc. v. Hi Fashion, Inc. et al Doc. 38 1 2 3 4 5 6 MADE JS-6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT FOR THE 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 FOREVER 21, INC., a California Corporation, 17 18 Plaintiff, 19 v. 20 Case No.: CV11-01931 GW (FMOx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. HI FASHION, INC., a California Corporation, et al., 21 22 23 Defendants. 24 25 The Court, pursuant to the Stipulation for Entry of Final Judgment, Including 26 Permanent Injunction (“Stipulation”), between Plaintiff FOREVER 21, INC. 27 (“Plaintiff”), and Defendant HI FASHION, INC. (“Defendant”), hereby ORDERS, 28 ADJUDICATES, and DECREES that final judgment, including permanent [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. 1 Dockets.Justia.com 1 injunction, shall be and hereby is entered on the Complaint in the above-referenced 2 matter as follows: 3 1. FINDINGS OF FACTS. 4 A. FOREVER 21 is the owner of numerous trademarks which it uses in 5 connection with the manufacture, distribution, sale and promotion of a wide range 6 of products, including clothing and accessories. FOREVER 21 owns all rights in 7 and to a family of FOREVER 21 federally registered trademarks which include the 8 following, among others (federally registered trademarks collectively, “FOREVER 9 21 Trademarks”): 10 Trademark Reg. No. Reg. Date 11 FOREVER 21 2,583,457 June 18, 2002 12 FOREVER 21 2,836,546 April 27, 2004 13 FOREVER 21 2,913,132 December 21, 2004 14 FOREVER 21 2,067,637 June 3, 1997 15 XXI 2,873,174 August 17, 2004 16 XXI 2,914,810 December 28, 2004 17 XXI 2,842,184 May 18, 2004 18 HERITAGE 1981 3,447,097 June 10, 2008 19 FORLOVE21 3,140,565 September 5, 2006 20 FORLOVE21 3,140,561 September 5, 2006 21 LOVE & BEAUTY 3,794,963 May 25, 2010 22 LOVE 21 3,775,903 April 13, 2010 23 TWELVE BY TWELVE 3,518,050 October 14, 2008 24 FOREVER STATIONERY 3,689,946 September 29, 2009 25 FOREVER XXI 2,889,536 September 28, 2004 26 FOREVER XXI 2,940,346 April 12, 2005 27 FASHION 21 2,848,238 June 1, 2004 28 F21 3,900,668 January 4, 2011 [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. 2 1 HTG81 3,836,163 December 17, 2010 2 FAITH 21 3,865,236 October 19, 2010 3 I LOVE H81 3,882,470 September 14, 2010 4 LIFE IN PROGRESS 3,887,094 December 7, 2010 5 2.1 DENIM 3,848,716 September 14, 2010 6 Further, Plaintiff also owns all rights in and to a family of Forever 21 7 common law trademarks which include the following: 8 TWENTY ONE and Bird Design 9 XXI and BIRD 10 21 11 JOY 21 12 I ♥ H81 13 PEACE 21 14 CEREAL 15 B. Consumers and/or purchasers of FOREVER 21’s clothing and related 16 accessories have come to know and recognize Plaintiff’s FOREVER 21 17 Trademarks, and Plaintiff has acquired a valuable reputation and goodwill among 18 the public as result of such association, innovation, and substantial investment in its 19 branding. Indeed, Forever 21 Trademarks are famous in the United States and 20 abroad. 21 C. Defendant acknowledges and does not dispute FOREVER 21’s 22 exclusive rights in and to the FOREVER 21 Trademarks, including the exclusive 23 right to distribute products utilizing such Trademarks. 24 D. Defendant has willfully and intentionally distributed and sold clothing 25 products bearing and/or utilizing one or more FOREVER 21 Trademarks without 26 the authorization from Plaintiff. 27 28 E. Defendant acknowledges that its sale of the clothing products included the sale of products which displayed one or more FOREVER 21 Trademarks; that [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. 3 1 its activities were not authorized by Plaintiff; and that its conduct and activities are 2 claimed by Plaintiff to constitute federal Trademark Infringement, False 3 Designation of Origin/Unfair Competition, Dilution, Unfair Business Practices 4 under California law, and other violations of various state and federal statutory and 5 common law. 6 2. MONETARY JUDGMENT. Plaintiff is entitled to a judgment in its 7 favor and against Defendant in the sum of One Million Dollars ($1,000,000.00) on 8 Plaintiff’s Complaint for Damages. 9 3. PERMANENT INJUNCTION. The Court finds there is no reason 10 for delay in entering this Permanent Injunction and, pursuant to Rule 54(a) of the 11 Federal Rules of Civil Procedure, the Court directs immediate entry of this 12 Permanent Injunction against Defendant. Defendant and any person or entity acting 13 in concert with, at direction of, or authorizing or assisting any third party engaging 14 in, including any and all agents, servants, employees, partners, assignees, 15 distributors, suppliers, resellers and any other parties or individuals over which 16 Defendant may exercise control, are hereby restrained and permanently enjoined, 17 pursuant to 15 U.S.C. §1116(a), from engaging in any of the following activities in 18 the United States and throughout the world: 19 a. copying, manufacturing, exporting, marketing, displaying, 20 selling, offering for sale, reproducing, brokering, consigning, shipping, licensing, 21 developing, delivering, 22 otherwise makes any use of, Plaintiff’s Forever 21 Trademarks, and/or any 23 intellectual property that is confusingly or substantially similar to, or that 24 constitutes a colorable imitation of Plaintiff’s Forever 21 Trademarks in connection 25 with internet use, website, domain name, metatags, advertising, promotions, 26 solicitations, commercial exploitation, television, web-based or any other program, 27 or any product or service, or otherwise; or distributing any product or service that uses, or 28 [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. 4 b. 1 performing or allowing others employed by or representing it, or 2 under its control, to perform any act which is likely to injure Plaintiff’s rights in the 3 Forever 21 Trademarks; and 4 c. engaging in any acts of federal and/or state trademark 5 infringement, false designation, unfair competition, and dilution, which would 6 damage or injure Plaintiff’s rights in its Forever21 Trademarks. 4. 7 FOREFEITURE. Defendant is ordered to deliver immediately to 8 Plaintiff for destruction all unauthorized products labels, tags, signs, prints, 9 packages, wrappers, receptacles, and advertisements relating thereto in its 10 possession or under its control bearing any of Plaintiff’s Forever 21 Trademarks or 11 any simulation, reproduction, copy or colorable imitation thereof to the extent that 12 any of these items are in Defendant’s possession or control. 5. 13 SCOPE OF ENFORCEABILITY. This Final Judgment shall only 14 apply to present claims of Plaintiff FOREVER 21, INC. to the date of execution by 15 the Court, and does not include any future unknown claims that may arise 16 thereafter. 6. 17 NO APPEALS and CONTINUING JURISDICTION. No appeals 18 shall be taken from this Final Judgment, Including Permanent Injunction, and the 19 parties waive all rights to appeal. This Court expressly retains jurisdiction over this 20 matter to enforce any violation of the terms of this Final Judgment, Including 21 Permanent Injunction, herein. 22 /// 23 /// 24 /// 25 /// 26 27 28 [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. 5 1 2 7. NO FEES and COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. 3 4 5 IT IS SO ORDERED, ADJUDICATED, and DECREED this 14th day of December, 2011. 6 7 8 9 ______________________________ HON. GEORGE H. WU, United States District Court Judge for the Central District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT HI FASHION, INC. 6

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