Chrome Hearts LLC v. Sharp Factor International Inc et al, No. 2:2012cv06567 - Document 27 (C.D. Cal. 2013)
Court Description: CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION and Voluntary Dismissal of Action without prejudice: This Court has jurisdiction over the parties to this Final Consent Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. Chrome Hearts is the owner of the word/mark "Chrome Hearts" and various composite trademarks comprising the Chrome Hearts mark and assorted design components (hereinafter collectively the "Chrome Hearts Marks"). Defe ndants and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of this Final Consent Judgment are hereby permanently restrained and enjoined. Plaintiff and Defendants shall bear t heir own costs and attorneys' feesassociated with this action. Without any admission of liability, 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, Plaintiff will file another Stipulation to Consent Judgment which dissolves this action with prejudice. However, until then, this action shall be resolved without prejudice. Plaintiff is permitted to re-open this matter if Defendants fail to comply with the terms of the parties agreement. The execution of this Consent Decree shall serve to bind and obligate theparties hereto. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this Final Judgment, the enforcement thereof and the punishment of any violations thereof by Judge George H. King. ( MD JS-6. Case Terminated ) (ir)
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Chrome Hearts LLC v. Sharp Factor International Inc et al 1 2 3 4 5 6 7 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 Doc. 27 JS-6 FILED: 2/14/2013 NOTE: CHANGES MADE BY THE COURT Attorneys for Plaintiff Chrome Hearts, LLC 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 CHROME HEARTS, LLC, a Delaware Limited Liability Company, 13 14 15 16 vs. SHARP FACTOR INTERNATIONAL, INC., a California Corporation; CHENGLONG XU, an individual; and DOES 1-10, inclusive, 17 18 Plaintiff, Defendants. ) CASE NO. CV 12-6567 GHK (FFMx) ) ) [PROPOSED] CONSENT ) JUDGMENT INCLUDING ) PERMANENT INJUNCTION AND ) VOLUNTARY DISMISSAL OF ) ACTION WITHOUT PREJUDICE ) ) ) ) ) Hon. George H. King ) WHEREAS Plaintiffs Chrome Hearts, LLC and Defendants Sharp Factor 19 International, Inc. and Chenglong Xu have entered into a Settlement Agreement and 20 Mutual Release as to the claims in the above referenced matter. Defendants, having 21 agreed to consent to the below terms, it is hereby ORDERED, ADJUDGED, and 22 DECREED as among the parties hereto that: 23 24 25 1. This Court has jurisdiction over the parties to this Final Consent Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 2. Chrome Hearts is the owner of the word/mark “Chrome Hearts” and 26 various composite trademarks comprising the Chrome Hearts mark and assorted design 27 components (hereinafter collectively the “Chrome Hearts Marks”). Amongst the 28 Chrome Hearts Marks, the CH Plus Mark and the CH Cross Mark (depicted below) are 1 [PROPOSED] CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL Dockets.Justia.com 1 the most well recognized and serve as instant source identifiers for Chrome Hearts’ 2 products. 3 4 5 6 CH Plus Mark CH Cross Mark 7 Chrome Hearts owns several trademark registrations for both the CH Plus Mark and 8 CH Cross Mark for various goods and services, including but not limited to U.S. Reg. 9 Nos. 3,731,400 (for CH Plus Mark on eyewear) and 3,731,397 (for CH Cross Mark on 10 11 eyewear). 3. In addition to owning numerous trademark registrations to the Chrome 12 Hearts Marks, Plaintiff also owns several copyright registrations thereto, including the 13 following: CH Cross Mark (U.S. Copyright Reg. No. VA 705-193) and the CH Plus 14 Mark (“Cross # 4” of Reg. No. VA 705-233) (hereinafter collectively “Copyrighted 15 Works”) 16 4. Plaintiff has alleged that Defendants, with one product or more, have 17 violated Plaintiff’s rights in and to one or more of its trademarks and/or copyrighted 18 works (collectively “Disputed Products”), and that said alleged infringing activities 19 constitute trademark infringement, trademark dilution, copyright infringement and 20 unfair competition under federal and state law. 21 5. Defendants and their agents, servants, employees and all persons in active 22 concert and participation with them who receive actual notice of this Final Consent 23 Judgment are hereby permanently restrained and enjoined from infringing upon 24 Plaintiff’s trademarks either directly or contributorily in any manner, including: 25 (a) Manufacturing, purchasing, producing, distributing, circulating, 26 selling, offering for sale, importing, exporting, advertising, promoting, displaying, 27 shipping or marketing Disputed Products and/or any other products bearing a mark or 28 2 [PROPOSED] CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL 1 feature identical and/or confusingly similar to Plaintiff’s Chrome Hearts’ trademarks 2 and/or copyrighted works; (b) 3 Delivering, holding for sale, returning, transferring or otherwise 4 moving, storing or disposing in any manner the Disputed Products except as otherwise 5 permitted by the parties Settlement Agreement; (c) 6 Using the Chrome Hearts Marks and/or Copyrighted Works or any 7 reproduction, counterfeit, copy or colorable imitation thereof in connection with the 8 manufacture, importation, distribution, advertisement, offer for sale and/or sale of 9 merchandise comprising not the genuine products of Plaintiff, or in any manner likely 10 to cause others to believe that Defendants’ products are connected with Plaintiff or 11 Plaintiff’s genuine merchandise; (d) 12 Committing any other acts calculated to cause purchasers to believe 13 that Defendants’ products are Plaintiff’s genuine merchandise or associated with 14 Plaintiff in any way; (e) 15 Assisting, aiding or attempting to assist or aid any other person or 16 entity in performing any of the prohibited activities referred to in Paragraphs 5(a) to 17 5(d) above. 18 19 20 6. Plaintiff and Defendants shall bear their own costs and attorneys’ fees associated with this action. 7. Without any admission of liability, the parties have entered into a 21 Settlement Agreement in which Defendants are required to make payments over a 22 period of time. Once Defendants have made all settlement payments, Plaintiff will file 23 another Stipulation to Consent Judgment which dissolves this action with prejudice. 24 However, until then, this action shall be resolved without prejudice. Plaintiff is 25 permitted to re-open this matter if Defendants fail to comply with the terms of the 26 parties’ agreement. 27 28 8. The execution of this Consent Decree shall serve to bind and obligate the parties hereto. The jurisdiction of this Court is retained for the purpose of making any 3 [PROPOSED] CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL 1 further orders necessary or proper for the construction or modification of this Final 2 Judgment, the enforcement thereof and the punishment of any violations thereof. 3 4 IT IS SO ORDERED. 5 6 7 DATED: 2/13 , 2013 __________________________ Hon. George H. King United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL
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