Coach, Inc. et al v. Hollywood Too, LLC et al

Filing 58

ORDER re 56 Consent Judgment Including Permanent Judgment and Voluntary Dismissal of Defendant Hollywood Too, LLC and Katy Chan Without Prejudice. Signed by Judge Ronald M. Whyte on 8/16/2012.(rmwlc1, COURT STAFF) (Filed on 8/16/2012)

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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 Attorneys for Plaintiffs Coach, Inc. and Coach Services, Inc. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 21 ) CASE NO. 11-2666 RMW ) ) ) [] ORDER RE Plaintiffs, ) CONSENT JUDGMENT vs. ) INCLUDING PERMANENT ) INJUNCTION AND VOLUNTARY HOLLYWOOD TOO, L.L.C., a California ) DISMISSAL OF DEFENDANTS Limited Liability Company; KATY CHAN, ) HOLLYWOOD TOO, LLC AND an individual; D D E G, INC., a California ) KATY CHAN WITHOUT Corporation dba BARGAINS OF ) PREJUDICE CHINATOWN; DON DOMINIC ) GABRIEL, an individual; RED LANTERN ) GIFT SHOP, an unknown business entity; ) FASHION BAGS & GIFTS, an unknown ) business entity; ELAINE ZHU, an ) individual; and DOES 1-10, inclusive, ) ) ) Defendants. ) ) 22 WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. (“Coach”) and 12 13 14 15 16 17 18 19 20 COACH, INC., a Maryland Corporation; COACH SERVICES, INC., a Maryland Corporation, 23 Defendants Hollywood Too, LLC and Katy Chan (collectively “Defendants”) have 24 entered into a Settlement Agreement and Mutual Release as to the claims in the above 25 referenced matter. Defendants, having agreed to consent to the below terms, it is 26 hereby ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 27 28 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. 29 1 30 [] ORDER RE CONSENT JUDGMENT RE DEFENDANTS HOLLYWOOD TOO, LLC AND KATY CHAN 1 2. Coach is the worldwide owner of the trademark “COACH” and various 2 composite trademarks and assorted design components (“Coach Marks”). Amongst 3 the many Coach Marks, one of the most well-known and recognized marks is Coach’s 4 Signature “C” Mark (see below). Coach has used the Signature “C” Mark in 5 association with the sale of goods since as early as 2001. The Signature “C” Mark was 6 first registered at the U.S. Patent and Trademark Office on September 24, 2002. 7 Registrations for the Signature “C” Mark include, but are not limited to, U.S. Reg. 8 Nos. 2,592,963; 2,626,565; and 2,822,318 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. Plaintiffs have alleged that Defendants’ importation, distribution, advertisement, offering for sale, and sale of products which infringe upon Coach’s Signature “C” Mark constitute trademark infringement and unfair competition under the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and under the common law. 4. 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 the Coach Marks, include either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, advertising, selling and/or offering for sale any unauthorized product bearing the Signature “C” Mark, or marks confusingly similar or substantially similar to Coach’s Signature “C” Mark, and, specifically from: (a) Using Coach’s Signature “C” Mark or any reproduction, counterfeit, copy or colorable imitation thereof in connection with the manufacture, importation, distribution, advertisement, offer for sale and/or sale of merchandise comprising not the genuine products of Coach, or in any manner likely to cause others 28 29 2 30 [] ORDER RE CONSENT JUDGMENT RE DEFENDANTS HOLLYWOOD TOO, LLC AND KATY CHAN 1 to believe that Defendant’s products are connected with Coach or Coach’s genuine 2 merchandise; 3 (b) Passing off, inducing or enabling others to sell or pass off any 4 products or other items that are not Coach’s genuine merchandise as and for Coach’s 5 genuine merchandise; 6 (c) Leasing space to any tenant who is engaged in the manufacturing, 7 purchasing, production, distribution, circulation, sale, offering for sale, importation, 8 exportation, advertisement, promotion, display, shipping, marketing of Infringing 9 Products; (d) 10 11 Committing any other acts calculated to cause purchasers to believe that Defendant’s products are Coach’s genuine merchandise unless they are such; (e) 12 Shipping, delivering, holding for sale, distributing, returning, 13 transferring or otherwise moving, storing or disposing of in any manner items falsely 14 bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation 15 thereof; and (f) 16 Assisting, aiding or attempting to assist or aid any other person or 17 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 18 4(e) above. 19 5. Without any admission of liability, the parties have entered into a 20 Settlement Agreement in which Defendants are required to make payments over a 21 period of time. Once Defendants have made all settlement payments, Plaintiff will file 22 another Stipulation to Consent Judgment which dissolves this action with prejudice. 23 However, until then, this action shall be resolved without prejudice. Plaintiff is 24 permitted to re-open this matter if Defendants fail to comply with the terms of the 25 parties’ agreement. 26 6. The execution of this Final Judgment shall serve to bind and obligate the 27 parties hereto. 28 29 3 30 [] ORDER RE CONSENT JUDGMENT RE DEFENDANTS HOLLYWOOD TOO, LLC AND KATY CHAN 1 7. The jurisdiction of this Court is retained for the purpose of making any 2 further orders necessary or proper for the construction or modification of this Final 3 Judgment, the enforcement thereof and the punishment of any violations thereof. 4 5 IT IS SO ORDERED. 6 7 8 DATED: _____________, 2012 __________________________ Hon. Ronald M. Whyte United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4 30 [] ORDER RE CONSENT JUDGMENT RE DEFENDANTS HOLLYWOOD TOO, LLC AND KATY CHAN

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