Levi Strauss & Co v. Chimala Design, Inc., No. 5:2008cv02623 - Document 18 (N.D. Cal. 2009)

Court Description: STIPULATION AND ORDER re 17 to Final Judgment and Permanent Injunction. Signed by Judge Jeremy Fogel on 1/6/09. (dlm, COURT STAFF) (Filed on 1/15/2009)

Download PDF

Levi Strauss & Co v. Chimala Design, Inc. 1 2 3 4 5 Doc. 18 TOWNSEND AND TOWNSEND AND CREW LLP GREGORY S. GILCHRIST (State Bar No. 111536) GIA L. CINCONE (State Bar No. 141668) RAQUEL PACHECO (State Bar No. 245328) Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Email: gsgilchrist@townsend.com, glcincone@townsend.com, rpacheco@townsend.com 6 7 Attorneys for Plaintiff LEVI STRAUSS & CO. 8 9 10 11 12 FREDRIC H. AARON 14 Vanderventer Avenue, Suite 212 Port Washington, NY 11050 Telephone: (516) 802-4140 Facsimile: (516) 802-3807 Email: FredAaron@optonline.net Attorney for Defendant CHIMALA DESIGN, INC. 13 14 UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 LEVI STRAUSS & CO., 18 19 20 21 Case No. C 08-02623 JF Plaintiff, STIPULATION TO FINAL JUDGMENT AND PERMANENT INJUNCTION v. CHIMALA DESIGN, INC., Defendant. 22 23 24 25 26 27 28 STIPULATION TO ENTRY OF FINAL JUDGMENT - 1 - Levi Strauss & Co. v. Chimala Design, Inc. Case No. CV 08-2623 JF Dockets.Justia.com 1 Plaintiff Levi Strauss & Co. and Defendant Chimala Design, Inc. hereby stipulate to the facts 2 and conclusions contained in the attached Final Judgment and Permanent Injunction and consent to its 3 entry by the Court. 4 IT IS SO STIPULATED AND CONSENTED. 5 6 DATED: January 5, 2009 TOWNSEND AND TOWNSEND AND CREW LLP 7 8 By: /s/ Raquel Pacheco__________ Raquel Pacheco Attorneys for Plaintiff LEVI STRAUSS & CO. 9 10 11 DATED: January 5, 2009 CHIMALA DESIGN, INC. 12 13 14 15 By: /s/ Fredric H. Aaron__________ Fredric H. Aaron Attorney for Defendant CHIMALA DESIGN, INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION- 2 - Levi Strauss & Co. v. Chimala Design, Inc. Case No. CV 08-2623 JF 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 LEVI STRAUSS & CO., 12 Plaintiff, 13 14 Case No. C 08-02623 JF FINAL JUDGMENT UPON CONSENT AND PERMANENT INJUNCTION v. CHIMALA DESIGN, INC., 15 Defendant. 16 17 18 Plaintiff Levi Strauss & Co. ("LS&CO.") has filed a Complaint alleging trademark 19 infringement, dilution, and unfair competition under federal and California law against defendant 20 Chimala Design, Inc. ("Chimala"). LS&CO. alleges that Chimala has manufactured, promoted, and 21 sold clothing, including denim jeans, that violates LS&CO.'s rights in its registered Tab Device 22 Trademark (the "Tab trademark"). The Court now enters final judgment based upon the following undisputed facts. Each party 23 24 has waived the right to appeal from this final judgment and each party will bear its own fees and costs 25 in connection with this action. 26 I. 27 28 STIPULATED FACTS AND CONCLUSIONS A. This Court has subject matter jurisdiction over this lawsuit and personal jurisdiction over Chimala. Venue is proper in this Court. FINAL JUDGMENT AND PERMANENT INJUNCTION- 3 - Levi Strauss & Co. v. Chimala Design, Inc. Case No. CV 08-2623 JF 1 2 B. and which is registered as follows for use on a variety of casual apparel: 3 4 a. b. Registration No. 516,561 (first used as early as September 1, 1936; registered October 18, 1949); 7 8 Registration No. 356,701 (first used as early as September 1, 1936; registered May 10, 1938); 5 6 LS&CO. owns the Tab trademark, which is a valid and famous trademark of LS&CO. c. Registration No. 577,490 (first used as early as September 1, 1936; registered July 21, 1953); 9 d. 10 August 4, 1964); 11 e. 12 Registration No. 775,412 (first used as early as October 9, 1957; registered August 18, 1964); and 13 14 Registration No. 774,625 (first used as early as May 22, 1963; registered f. Registration No. 1,157,769 (first used as early as September 1, 1936; registered June 16, 1961). 15 C. Chimala has infringed LS&CO.'s Tab trademark and engaged in unfair competition by 16 manufacturing, distributing and selling jeans that display the pocket tab illustrated in Exhibit A (the 17 "Chimala tab"). 18 II. ORDER 19 It is hereby ordered and adjudged as follows: 20 1. Commencing as of the "So Ordered" date of this Final Judgment and Permanent 21 Injunction, Chimala, its principals, agents, employees, officers, directors, servants, successors, and 22 assigns, and all persons acting in concert or participating with it or under its control who receive actual 23 notice of this Order, are hereby permanently enjoined and restrained, directly or indirectly, from 24 doing, authorizing or procuring any persons to do any of the following: 25 a. Manufacturing, licensing, selling, offering for sale, distributing, importing, 26 exporting, advertising, promoting, or displaying any products that display any tab in the form and 27 location illustrated in Exhibit A, or any other tab that is substantially similar to the Chimala tab or to 28 the Tab trademark; FINAL JUDGMENT AND PERMANENT INJUNCTION- 4 - Levi Strauss & Co. v. Chimala Design, Inc. Case No. CV 08-2623 JF 1 b. Manufacturing, licensing, selling, offering for sale, distributing, importing, 2 exporting, advertising, promoting, or displaying any products that display any tab that may reasonably 3 be believed to be as similar or more similar to the Tab trademark than the Chimala tab; 4 c. Violating the rights of Levi Strauss & Co. in and to its Tab trademark; and 5 d. Assisting, aiding or abetting any person or entity engaging in or performing any 6 act prohibited by this paragraph. 7 2. Chimala shall pay to LS&CO. the sum of $6,500.00 within 14 calendar days from the 8 date of entry of this Judgment. If this amount is not timely paid, interest of 7% will run on the unpaid 9 balance from the date of entry of this Judgment. A check payable to Levi Strauss & CO. shall be sent 10 to Townsend and Townsend and Crew LLP addressed as follows: 11 Raquel Pacheco TOWNSEND AND TOWNSEND AND CREW LLP Two Embarcadero Center, 8th Floor San Francisco, CA 94111 12 13 14 3. In the event that Chimala violates the terms of this Judgment by making, selling or 15 offering for sale garments displaying the Chimala tab illustrated in Exhibit A, it shall pay to LS&CO. 16 liquidated damages of (a) 20% of the sales revenue received by Chimala at any time on account of 17 such garments, or (b) $10,000, whichever is greater, and judgment shall be entered against Chimala 18 for that amount. Chimala specifically acknowledges that this is a reasonable estimate of the damages 19 to which LS&CO. would be entitled by virtue of Chimala's sales of such garments and the costs 20 LS&CO. has incurred in enforcing its rights. Such liquidated damages shall be in addition to any 21 further damages or equitable relief to which LS&CO. may be entitled with respect to future sales by 22 Chimala that violate LS&CO.'s trademark rights, but any payments made by Chimala pursuant to this 23 paragraph shall be deemed a credit against any potential award of damages under this paragraph. 24 4. This Court shall retain jurisdiction for the purpose of making any further orders 25 necessary or proper for the construction or modification of this Judgment, the enforcement thereof, 26 and/or the punishment for any violations thereof. If LS&CO. commences an action for enforcement 27 of this Judgment, the prevailing party shall be awarded reasonable attorneys' fees and costs from the 28 other party. FINAL JUDGMENT AND PERMANENT INJUNCTION- 5 - Levi Strauss & Co. v. Chimala Design, Inc. Case No. CV 08-2623 JF 1 5. For the purpose of any future proceeding to enforce the terms of this Judgment, service 2 by mail upon a party or their counsel of record at their last known address shall be deemed adequate 3 notice for each party. 4 5 IT IS SO ORDERED AND ADJUDGED. 6 7 8 1/6/09 DATED: __________________ 9 _________________________________ The Honorable Jeremy Fogel United States District Court Judge 10 11 12 13 61700411 v1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION- 6 - Levi Strauss & Co. v. Chimala Design, Inc. Case No. CV 08-2623 JF

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.