CAbi, LLC v. Bertha Martine et al, No. 2:2011cv08529 - Document 28 (C.D. Cal. 2012)

Court Description: PERMANENT INJUNCTION and FINAL JUDGMENT on Consent as to Defendants Bertha Martine and Silas Martine by Judge Consuelo B. Marshall. Bertha Martine and Silas Martine terminated. (jl)

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CAbi, LLC v. Bertha Martine et al Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALLIFORNIA 10 11 CAbi, LLC., a California Limited Liability Company, 12 13 14 15 16 17 18 19 20 Plaintiff, v. BERTHA MARTINE, AKA BERTHA M. MARTINE, AKA BERTHA MARINE, AKA BERTHA GOMEZ, AKA BERTHA MARIA GOMEZ, an individual; SILAS MARTINE, AKA SILAS MARINE, an individual; eBAY, INC., a Delaware corporation; THE CABI CLOSET, entity unknown; SMMBMM, entity unknown; SJB FASHIONS, entity unknown; and DOES 1-10, Case No. CV11-8529 CBM (SSx) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE Judge: Hon. Consuelo B. Marshall Defendants. 21 22 23 Plaintiff CAbi, LLC (“Plaintiff” or “CAbi”) commenced this action for an 24 injunction and other relief against, inter alia, Defendants BERTHA MARTINE, AKA 25 BERTHA M. MARTINE, AKA BERTHA MARINE, AKA BERTHA GOMEZ, AKA 26 BERTHA MARIA GOMEZ, an individual; SILAS MARTINE, AKA SILAS 27 MARINE, an individual; THE CABI CLOSET, entity unknown and believed to be an 28 alias of Defendant Bertha Martine; SMMBMM, entity unknown and believed to be an 1 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT CASE NO. CV11-8529 CBM (SSX) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX Dockets.Justia.com 1 alias of Defendant Bertha Martine; and SJB FASHIONS, also believed to be an alias 2 of Defendant Bertha Martine (collectively, the “Martines” or “Settling Defendants”) 3 pursuant to the Lanham Act, 15 U.S.C. §1051, et seq., as amended by the Trademark 4 Counterfeiting Act of 1984, the Copyright Act, 17 U.S.C. §101, et seq. and under the 5 laws of the State of California. In its Complaint, Plaintiff alleges that the Settling 6 Defendants, without CAbi’s authorization or permission, have knowingly and 7 willfully used, reproduced and/or copied, and infringed the CAbi Marks and CAbi 8 Designs (as those terms are defined below) by distributing, offering to sell and re- 9 selling in interstate commerce clothing, accessories and related products bearing the 10 11 CAbi Marks and counterfeit CAbi Marks (“Unauthorized Products”). The term “CAbi Marks” as used herein means all of the following: 12 TRADEMARK REG./SER. NO. REG./FILING DATE CLASS 13 CABI and Design 3226900 Apr. 10, 2007 25 16 CAbi 3192305 Jan. 2, 2007 25 17 CABI 3192304 Jan. 2, 2007 25, 35 18 CAROL ANDERSON BY INVITATION CAROL ANDERSON BY INVITATION CABI CANARY 3133821 Aug. 22, 2006 25 3495335 Sept. 2, 2008 35 3705314 Nov. 3, 2009 25 HEART OF CABI FOUNDATION SCOOP 3527127 Nov. 4, 2008 36, 45 2965045 July 5, 2005 41 FASHION FRIENDS & FUN 85352589 June 22, 2011 25 FASHION FRIENDS AND FUN 3872658 Nov. 9, 2010 35 FRIENDS FASHION FUN 2942112 April 19, 2005 35 FRIENDS FASHION FUN 2957307 May 31, 2005 25 DO THE SHOWS WEAR THE CLOTHES AND PROPOSE 2959769 June 7, 2005 25 14 15 19 20 21 22 23 24 25 26 27 28 2 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT CASE NO. CV11-8529 CBM (SSX) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX 1 2 The term “CAbi Designs” as used herein refers to all of the following copyright registrations owned by CAbi: 3 TITLE REGISTRATION NO. 4 Spring 2010 Collection PA0001690552 5 Fall 2008 Collection VAu000993217 6 Spring 2006 Collection VA0001351204 7 Fall 2006 Collection VAu000738418 8 Spring 2008 Collection VAu000968101 9 CABiOnline.com Spring 2011 VAu001065197 10 Fall 2007 Collection VAu000749898 11 Spring 2007 Collection VAu000738409 12 CabiOnline.com Spring 2010 VAu001020374 13 Fall 2009 Collection VA0001697927 14 15 16 Plaintiff and Settling Defendants have entered into a Settlement Agreement and 17 stipulated to entry of a Permanent Injunction and Final Judgment against the Settling 18 Defendants, and having indicated below their consent to the form and entry of this 19 Permanent Injunction and Final Judgment on Consent. 20 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 21 1. Settling Defendants, their agents, servants, employees, representatives, 22 confederates, affiliates and any other persons or entities acting in concert or 23 participation with them, are permanently enjoined and restrained from: 24 a. selling any CAbi products, in any manner; 25 b. using in any manner the CAbi Marks, alone or in combination with 26 any word or words which so resemble each said trademark as to be likely to cause 27 confusion, or to cause mistake or to deceive on or in connection with the advertising, 28 offering for sale or re-sale, sale or re-sale of any product; 3 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT CASE NO. CV11-8529 CBM (SSX) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX c. 1 2 offering for sale any product which is substantially similar to any of the CAbi Designs; d. 3 passing off, inducing, or enabling others to sell or pass off any 4 product for sale or re-sale under the CAbi Marks or which is substantially similar to 5 the CAbi Designs; e. 6 7 committing any acts calculated to cause purchasers to believe that Settling Defendants are authorized, approved or connected with CAbi; 8 f. further diluting and infringing any of the CAbi Marks and 9 damaging CAbi’s goodwill; 10 g. except as provided in paragraph 2 below, receiving, shipping, 11 delivering distributing, returning or otherwise disposing of, in any manner, products 12 or inventory which bear the CAbi Marks; h. 13 selling, re-selling, consigning or accepting for consignment, 14 donating or otherwise engaging in any form of business using, incorporating or 15 relating to the CAbi Marks, CAbi Designs, CAbi trade name or business; and i. 16 2. 17 otherwise competing unfairly with CAbi. That Settling Defendants be required within five days of service of this 18 Injunction to immediately deliver up to CAbi any and all remaining inventory in their 19 possession, custody or control bearing the CAbi Marks or which incorporate any of 20 the CAbi designs, along with a statement to CAbi confirming that they have complied 21 accordingly. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 4 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT CASE NO. CV11-8529 CBM (SSX) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX 1 IT IS FURTHER ORDERED, that this Court has jurisdiction over the parties, 2 and the subject matter of the action. This Court shall retain jurisdiction to the extent 3 necessary to enforce this Injunction and the Settlement Agreement between the 4 parties, and to determine any issues that may arise under either. 5 SO ORDERED. 6 7 Dated: May 10, 2012 8 By: 9 10 Hon. Consuelo B. Marshall U.S. District Court, Central District of California 11 12 13 14 Respectfully submitted and approved as to form by: Dated: May 3, 2012 EZRA BRUTZKUS GUBNER LLP 15 16 By: /s/ Jeffrey A. Kobulnick Mark D. Brutzkus J. Alison Grabell Jeffrey A. Kobulnick Attorneys for Plaintiff, CAbi, LLC 17 18 19 20 21 22 Dated: May 3, 2012 STETINA BRUNDA GARRED & BRUCKER 23 24 25 26 27 28 By: /s/ Mark B. Garred Mark B. Garred Michael J. Zingale Attorneys for Defendants Bertha Martine, dba The CAbi Closet, SMMBMM, SJB Fashions and Silas Martine 5 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT CASE NO. CV11-8529 CBM (SSX) PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS BERTHA MARTINE AND SILAS MARTINE.DOCX

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