Coach Services, Inc. v. Chunma USA, Inc. et al, No. 2:2009cv08583 - Document 64 (C.D. Cal. 2010)
Court Description: ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANTS PJEE CORPORATION AND DONG KIM by Judge Percy Anderson: Upon Stipulation 62 , it is hereby ORDERED, ADJUDGED, and DECREED that Defendants PJEE Corporation and Dong Kim 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 and CC Design, etc. Except as otherwise provided herein, this action is fully resolved with prejudice as to Defendants PJEE Corporation and Dong Kim. See document for details. (gk)
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Coach Services, Inc. v. Chunma USA, Inc. et al 1 2 3 4 5 6 7 Doc. 64 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 Plaintiff Coach Services, Inc. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 COACH SERVICES, INC., a Maryland Corporation, vs. Plaintiff, CHUNMA USA, INC., a California Corporation; JAE H. JUNG, an individual; MIN JUNG LEE, an individual dba BAG STIGE; BEST HANDBAG, INC., a California Corporation dba P.J. NAGRANG; CHONG YI, an individual; FOCUS HANDBAGS, INC., a California Corporation; JI SONG YU, an individual; PJEE CORPORATION, a California Corporation; DONG KIM, an individual; YNM, INC., a California Corporation dba Y&M; YOUNG GOON YOO, an individual; ZENMA, INC., a California Corporation; and DOES 1-10, inclusive, Defendants. 22 23 ) CASE NO. 09-8583 PA (FFMx) ) ) ) [PROPOSED] ORDER RE ) CONSENT JUDGMENT ) INCLUDING A PERMANENT ) INJUNCTION AND VOLUNTARY ) DISMISSAL WITH PREJUDICE ) OF DEFENDANTS PJEE ) CORPORATION AND DONG KIM ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff Coach Services, Inc. (“Coach”) and Defendants PJEE Corporation 24 and Dong Kim have entered into a Settlement Agreement and Mutual Release as to the 25 claims in the above referenced matter. Defendants, having agreed to consent to the 26 below terms, it is hereby: 27 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 28 29 30 1 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS PJEE CORPORATION AND DONG KIM Dockets.Justia.com 1 2 3 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 4 composite trademarks and assorted design components (“Coach Marks”). Amongst 5 the many Coach Marks, one of the most well-known and recognized marks is Coach’s 6 Signature “C” logo (see below). Coach has used the Signature “C” logo in association 7 with the sale of goods since as early as 2001. The Signature “C” logo was first 8 registered at the U.S. Patent and Trademark Office on September 24, 2002. 9 Registrations for the Signature “C” logo include, but are not limited to, U.S. Reg. Nos. 10 11 2,626,565; 2,822,318; and 2,832,589. 3. Many of Coach’s products exhibit composites of the Signature “C” logo 12 in an assortment of different sizes, patterns, and colors (“CC Design”), to which Coach 13 owns the copyright registration (U.S. Reg. No. VA0001228917). 14 4. Plaintiffs have alleged that Defendants’ purchase and sale of products 15 which infringe upon the Signature “C” Logo and Coach Design constitute copyright 16 infringement under 17 U.S.C. § 101, et seq., trademark infringement and unfair 17 competition under the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and under 18 the common law. 19 5. Defendants and their agents, servants, employees and all persons in active 20 concert and participation with them who receive actual notice of this Final Judgment 21 are hereby permanently restrained and enjoined from infringing upon the Coach Marks 22 and CC Design, include either directly or contributorily, in any manner, including 23 generally, but not limited to manufacturing, importing, distributing, advertising, selling 24 and/or offering for sale any unauthorized product bearing the Coach Marks or CC 25 Design, or marks confusingly similar or substantially similar to the Coach Marks and 26 CC Design, and, specifically from: 27 28 (a) Using the Coach Marks or CC Design or any reproduction, counterfeit, copy or colorable imitation thereof in connection with the manufacture, 29 2 30 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS PJEE CORPORATION AND DONG KIM 1 importation, distribution, advertisement, offer for sale and/or sale of merchandise 2 comprising not the genuine products of Coach, or in any manner likely to cause others 3 to believe that Defendants’ products are connected with Coach or Coach’s genuine 4 merchandise; 5 (b) Passing off, inducing or enabling others to sell or pass off any 6 products or other items that are not Coach’s genuine merchandise as and for Coach’s 7 genuine merchandise; 8 9 (c) Leasing space to any tenant who is engaged in the manufacturing, purchasing, production, distribution, circulation, sale, offering for sale, importation, 10 exportation, advertisement, promotion, display, shipping, marketing of Infringing 11 Products; (d) 12 13 Committing any other acts calculated to cause purchasers to believe that Defendant’s products are Coach’s genuine merchandise unless they are such; (e) 14 Shipping, delivering, holding for sale, distributing, returning, 15 transferring or otherwise moving, storing or disposing of in any manner items falsely 16 bearing the Coach Marks or CC Design, or any reproduction, counterfeit, copy or 17 colorable imitation thereof; and (f) 18 Assisting, aiding or attempting to assist or aid any other person or 19 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 20 4(e) above. 21 6. Without any admission of liability, the parties have agreed that 22 Defendants shall pay to Plaintiff an amount in settlement of Plaintiff’s demand for 23 damages, profits, costs, disbursements, and attorneys’ fees based upon Defendants’ 24 alleged infringing activities. Plaintiffs and Defendants shall bear their own costs 25 associated with this action. 26 7. The execution of this Final Judgment shall serve to bind and obligate the 27 parties hereto. 28 29 3 30 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS PJEE CORPORATION AND DONG KIM 1 8. 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 Except as otherwise provided herein, this action is fully resolved with prejudice as to 5 Defendants PJEE Corporation and Dong Kim. 6 7 IT IS SO ORDERED. 8 9 10 DATED: February 22 2010 _____________, __________________________ Hon. Percy Anderson United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4 30 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS PJEE CORPORATION AND DONG KIM
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