Must Win Inc et al v. La Double 7 Inc et al, No. 2:2013cv01581 - Document 18 (C.D. Cal. 2013)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Josephine L. Staton. (see document for details). (dro)
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Must Win Inc et al v. La Double 7 Inc et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 MUST WIN, INC., a California corporation; and URBAN EXPRESSIONS, INC., a California corporation, Plaintiff, 14 15 16 17 18 Case No. 13-cv-01581-JLS-JPR FINAL JUDGMENT AND PERMANENT INJUNCTION v. LA DOUBLE 7, a California corporation; SHANG JING DING, an individual; DOES 1 through 5 Defendants. 19 20 21 22 23 24 25 26 27 28 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 WHEREAS, Plaintiffs Must Win, Inc. and Urban Expressions, Inc. 2 (collectively, “Plaintiffs” or “Urban Expressions”) are the exclusive and sole 3 owner of the rights in various URBAN EXPRESSIONS marks in connection with 4 making, marketing and selling high-quality, vegan and animal-free bags, including 5 United States Trademark Registration Nos. 3,878,378 and 4,211,669 (collectively, 6 the “URBAN EXPRESSIONS Mark”); 7 WHEREAS, Defendants LA Double 7, Inc. (“LA Double 7”) and Shang 8 Jing Ding (“Ding”) (jointly, severally and collectively “Defendants”) obtained 9 Urban Expressions’ branded bags from a Chinese distributor and falsely 10 represented, advertised, and/or offered to sell Urban Expressions bags under their 11 own LA Double 7 name and mark (collectively, the “Infringing Products”); 12 WHEREAS, a dispute has arisen between Urban Expressions and 13 Defendants in that Urban Expressions has alleged that Defendants’ falsely 14 representing, advertising, and/or offering to sell Urban Expressions bags under the 15 LA Double 7 name and mark violates Urban Expressions’ rights in the URBAN 16 EXPRESSIONS Mark and constitutes, among other things, false designation of 17 origin and unfair competition; 18 WHEREAS, on or about March 5, 2013, Urban Expressions commenced the 19 above-captioned action (“Action”) against Defendants, alleging, among other 20 things, claims of trademark infringement, false designation of origin and unfair 21 competition; 22 WHEREAS, Urban Expressions and Defendants have reached a full and 23 final settlement of the Action, which settlement was memorialized in a certain 24 document dated September 11, 2013 (the “Agreement”); and 25 WHEREAS, the Agreement provides, in pertinent part, that Defendants 26 consent to the entry of a permanent injunction enjoining Defendants from 27 removing, obliterating and/or covering or assisting others to remove, obliterate or 28 cover the URBAN EXPRESSIONS Mark from Urban Expression products and 2 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 using or assisting others to use any other mark, logo, name or designation on 2 Urban Expression products. 3 NOW, THEREFORE, it is, 4 ORDERED, ADJUDGED and DECREE that: 5 1. 6 7 8 9 This Court has jurisdiction over the subject matter of this Action and over the parties hereto. 2. Urban Expressions is the owner of the URBAN EXPRESSIONS Marks, which are valid, enforceable, well-known and highly recognized. 3. Defendants engaged in reverse passing off by offering to sell Urban 10 Expression products under another mark, logo, name or designation, such as the 11 LA Double 7 name and mark. 12 4. Each Defendant and its officers, members, principals, agents, 13 servants, employees and all persons and entities in active concert or participation 14 with any of them, be and hereby are permanently restrained and enjoined from 15 engaging in violating Urban Expressions’ rights with respect to the URBAN 16 EXPRESSIONS Marks, either directly or indirectly, in any manner, including: (a) 17 distributing, circulating, advertising, marketing, promoting, 18 importing, exporting, displaying, shipping, offering for sale or selling Urban 19 Expression products under a mark, logo, name or designation that is not URBAN 20 EXPRESSIONS, including, without limitation, the LA Double 7 name and mark; (b) 21 committing any other acts calculated to cause purchasers to 22 believe that Urban Expressions’ genuine products are Defendants’ products or 23 associated with either Defendant in any way; and (c) 24 assisting, aiding or attempting to assist or aid any other person 25 or entity in performing any of the prohibited activities referred to in Paragraphs 26 5(a) and 5(b) above. 27 28 5. Defendants are jointly and severally liable to Urban Expressions for monetary compensation in the amount specified in the Agreement. 3 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 2 3 4 5 6. Each party shall bear its own costs, expenses, and attorneys’ fees associated with this Action. 7. The execution of this Final Judgment shall serve to bind and obligate the parties hereto. 8. The jurisdiction of this Court is retained for the purpose of making 6 any further orders necessary or proper for the construction or modification of this 7 Final Judgment, the enforcement thereof and the punishment of any violations 8 thereof. Except as otherwise provided herein, this Action is fully resolved in favor 9 of Urban Expressions with prejudice as to Defendants. 10 9. After the Court has entered this Judgment, Urban Expressions shall 11 promptly provide a copy of it to Defendants, and Urban Expressions shall file with 12 the Court a proof of service thereof within ten (10) days thereafter. 13 14 15 Dated: October 22, 2013 Josephine L. Staton United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ___________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION
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