-CW Coach Inc et al v. Amen Trading Inc et al, No. 2:2011cv07938 - Document 21 (C.D. Cal. 2012)

Court Description: ORDER AND CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DSMISSAL OF ACTION WITHOUT PREJUDICE by Judge Percy Anderson. Defendants 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 Plaintiffs' trademarks either directly or contributorily in any manner. The execution of this Final Judgment shall serve to bind a nd obligate the parties hereto. The parties have entered into a Settlement Agreement in which Defendants are required to make payments over a period of time. Once Defendants have made all settlement payments, Plaintiffs will file another Stipulation to Consent Judgment which dissolves this action with prejudice. However, until then, this action shall be resolved without prejudice. Related to: Stipulation for Permanent Injunction 20 . (MD JS-6. Case Terminated) (See attached document for details.) (lom)

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-CW Coach Inc et al v. Amen Trading Inc et al 1 2 3 4 5 6 7 Doc. 21 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 Attorneys for Plaintiffs Coach, Inc. and Coach Services, Inc. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 18 COACH, INC., a Maryland Corporation; ) CASE NO. CV 11-7938 PA (CWx) COACH SERVICES, INC., a Maryland ) ) ORDER AND CONSENT JUDGMENT Corporation, ) INCLUDING A PERMANENT ) INJUNCTION AND VOLUNTARY Plaintiffs, ) DISMISSAL OF ACTION WITHOUT ) PREJUDICE v. ) AMEN TRADING, INC., a California ) ) Corporation; WON HEE BAE, an ) individual; and DOES 1-10, inclusive, ) ) ) Defendants. ) 19 WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. (“Coach”) and 12 13 14 15 16 17 JS-6 20 Defendants Amen Trading, Inc. and Won Hee Bae (collectively “Defendants”) have 21 entered into a Settlement Agreement and Mutual Release as to the claims in the above 22 referenced matter. Defendants, having agreed to consent to the below terms, it is 23 hereby ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 24 25 26 27 1. 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”). 28 1 STIPULATION TO CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL Dockets.Justia.com 1 3. Plaintiffs have alleged that Defendants’ purchase, importation, 2 distribution, advertisement, offering for sale, and sale of products which infringe upon 3 the Coach Marks constitute trademark infringement, trademark dilution, and unfair 4 competition under the Lanham Trademark Act, and under the common law. 5 4. Defendants and their agents, servants, employees and all persons in active 6 concert and participation with them who receive actual notice of this Final Judgment 7 are hereby permanently restrained and enjoined from infringing upon Plaintiffs’ 8 trademarks either directly or contributorily in any manner, including: 9 (a) Manufacturing, purchasing, producing, distributing, circulating, 10 selling, offering for sale, importing, exporting, advertising, promoting, displaying, 11 shipping or marketing goods bearing a mark or feature identical and/or confusingly 12 similar to the Coach Marks; 13 (b) Delivering, holding for sale, returning, transferring or otherwise 14 moving, storing or disposing in any manner any products bearing marks identical 15 and/or confusingly similar to the Coach Marks; 16 (c) Using the Coach Marks or any reproduction, counterfeit, copy or 17 colorable imitation thereof in connection with the manufacture, importation, 18 distribution, advertisement, offer for sale and/or sale of merchandise comprising not 19 the genuine products of Plaintiffs, or in any manner likely to cause others to believe 20 that Defendants’ products are connected with Plaintiffs or Plaintiffs’ genuine 21 merchandise; 22 (d) Committing any other acts calculated to cause purchasers to believe 23 that Defendants’ products are Plaintiffs’ genuine merchandise or associated with 24 Plaintiffs in any way; 25 (e) Assisting, aiding or attempting to assist or aid any other person or 26 entity in performing any of the prohibited activities referred to in Paragraphs 5(a) to 27 5(d) above. 28 2 STIPULATION TO CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL 1 2 5. Plaintiffs and Defendants shall bear their own costs and attorneys’ fees associated with this action. 3 6. The execution of this Final Judgment shall serve to bind and obligate the 4 parties hereto. 5 7. The parties have entered into a Settlement Agreement in which 6 Defendants are required to make payments over a period of time. Once Defendants 7 have made all settlement payments, Plaintiffs will file another Stipulation to Consent 8 Judgment which dissolves this action with prejudice. However, until then, this action 9 shall be resolved without prejudice. 10 11 IT IS SO ORDERED. 12 13 Date: July 12, 2012 By: 14 _________________________ Hon. Percy Anderson United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL

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