RCRV Inc v. Hidden Jeans, Inc. et al, No. 2:2015cv02083 - Document 27 (C.D. Cal. 2015)
Court Description: ORDER GRANTING STIPULATION FOR ENTRY OF CONSENT PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE 26 by Judge Terry J. Hatter, Jr. The Parties hereby stipulate to the entry by this Consent Permanent Injunction ordering that : 1. Hidden Jeans, and its agents, etc and allnatural or legal persons acting on their behalf, or in concert with any of them, shall be PERMANENTLY ENJOINED and RESTRAINED. 2. Except to the extent relief is granted on RCRV's Complaint throug h the entry of this Consent Permanent Injunction, this action shall be deemed dismissed with prejudice. 3. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Consent Permanent Injunction by way of contempt motion or otherwise. 4. The Parties waive any right to appeal this Consent Permanent Injunction. 5. Each Party shall bear its own costs and attorneys' fees related to this action. (MD JS-6. Case Terminated) (lom)
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RCRV Inc v. Hidden Jeans, Inc. et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Doc. 27 JOHN C. ULIN (State Bar No. 165524) John.Ulin@aporter.com ERIC D. MASON (State Bar No. 259233) Eric.Mason@aporter.com LOUIS S. EDERER (Pro Hac Vice) Louis.Ederer@aporter.com MATTHEW T. SALZMANN (Pro Hac Vice) Matthew.Salzmann@aporter.com ARNOLD & PORTER LLP 777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844 Telephone: (213) 243-4000 Facsimile: (213) 243-4199 Attorneys for Plaintiff RCRV, Inc. d/b/a Rock Revival JAENAM COE (State Bar No. 175920) CoeLaw@gmail.com LAW OFFICES OF JAENAM COE PC 3731 Wilshire Blvd., 910 Los Angeles, California 90010 Telephone: (213) 389-1400 Facsimile: (213) 387-8778 Attorneys for Defendant Hidden Jeans, Inc. d/b/a Cello Jeans 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 WESTERN DIVISION 18 RCRV, INC. d/b/a ROCK REVIVAL, ) Case No.: 2:15-cv-02083-TJH(ASx) ) a California corporation, ) Hon. Terry J. Hatter, Jr. ) Plaintiffs, ) ORDER GRANTING STIPULATION v. ) FOR ENTRY OF CONSENT ) HIDDEN JEANS, INC. d/b/a CELLO ) PERMANENT INJUNCTION AND ) VOLUNTARY DISMISSAL OF JEANS, a California corporation, XYZ COMPANIES 1-10, and JOHN ) ACTION WITH PREJUDICE [JS-6] ) AND JANE DOES 1-10, ) ) Defendants. ) ) ) ) ) ) ) 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com WHEREAS, Plaintiff RCRV, Inc. d/b/a Rock Revival (“RCRV”) is the owner 1 2 3 4 5 6 7 of a federally registered design trademark used on and in connection with its ROCK REVIVAL line of jeanswear products, namely, a distinctive inverted fleur-de-lis pocket design (the “INVERTED FLEUR-DE-LIS DESIGN Trademark”), a copy of the registration certificate for the INVERTED FLEUR-DE-LIS DESIGN Trademark, as well as a photograph of such mark as used on ROCK REVIVAL jeanswear, being attached hereto as Exhibit A; and WHEREAS, on March 20, 2015, RCRV filed a complaint against Hidden 8 9 10 11 12 13 14 15 16 17 Jeans, Inc. d/b/a Cello Jeans (“Hidden Jeans”) in this action (the “Civil Action”), seeking injunctive relief and damages for alleged acts of willful trademark counterfeiting and/or infringement, false designation of origin and unfair competition, arising out of Hidden Jeans’ design, creation, manufacture, importation, distribution, promotion, advertising, marketing, offer for sale and/or sale of jeanswear under the “Cello Jeans” brand name bearing designs (the “Accused Designs”) that, RCRV alleges, infringe its rights in and to the INVERTED FLEUR-DE-LIS DESIGN Trademark (the “Accused Products”), photographs of the Accused Products being attached hereto as Exhibit B; and WHEREAS, the parties entering into this Consent Permanent Injunction and 18 19 20 21 Voluntary Dismissal of Action With Prejudice (the “Consent Permanent Injunction”) are RCRV and Hidden Jeans (each individually a “Party” and collectively the “Parties”); and WHEREAS, the Parties herein having entered into a Settlement Agreement; 22 23 24 25 26 27 28 and WHEREAS, the Parties hereto desire to fully settle all of the claims in this Civil Action among the Parties to this Consent Permanent Injunction without the admission of liability on the part of any Party; and WHEREAS, the Parties have submitted to the Court’s jurisdiction; and WHEREAS, the Parties have been afforded the opportunity to consult with attorneys of their own choice in connection with the settlement of this action; and -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the Parties have consented to the entry of this Consent Permanent Injunction in full and final resolution of the Civil Action; and WHEREAS, the Court having jurisdiction over the subject matter of this action and over the Parties, and venue in this action being proper in this judicial district. The Parties hereby stipulate to the entry by this Consent Permanent Injunction ordering that: 1. related companies, officers, directors, shareholders, principals, employees, and all natural or legal persons acting on their behalf, or in concert with any of them, shall be PERMANENTLY ENJOINED and RESTRAINED from the date of this Consent Permanent Injunction from attempting to do or causing to be done, directly or indirectly, by any means, method, or device whatsoever, or by any person or persons whomsoever, the following acts: (a) 14 15 16 19 20 21 sale and/or selling any garments bearing any of the Accused Designs; (b) 24 25 26 27 28 creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for sale or selling any garments that contain any design or combination of design elements that is confusingly similar to RCRV’s INVERTED FLEUR-DE-LIS DESIGN Trademark; and (c) 22 23 creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for 17 18 Hidden Jeans, and its agents, affiliates, divisions, parents, subsidiaries, engaging in any activity constituting unfair competition with RCRV, or acts and practices that deceive the public and/or the trade, including, without limitation, the use of design elements and designations associated with RCRV. 2. Except to the extent relief is granted on RCRV’s Complaint through the entry of this Consent Permanent Injunction, this action shall be deemed dismissed with prejudice. -3- 1 2 3 4 5 6 3. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Consent Permanent Injunction by way of contempt motion or otherwise. 4. The Parties waive any right to appeal this Consent Permanent Injunction. 5. Each Party shall bear its own costs and attorneys’ fees related to this action. 7 8 9 IT IS SO ORDERED. Dated: Nov. 30, 2015 __________________________ The Honorable Terry J. Hatter, Jr. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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