Patagonia, Inc. v. Angie Mobley et al, No. 2:2018cv03868 - Document 56 (C.D. Cal. 2018)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION filed by Judge Fernando M. Olguin. It is hereby ordered and adjudged as follows: Ms. Gutridge shall pay the sum of $400.00 to Patagonia within 30 days of entry of this Judgment. Payment shall be made by certified check,payable to "Patagonia, Inc." and delivered to Patagonia's counsel of record. Commencing as of the So Ordered date of this Final Judgment and Permanent Injunction, Ms. Gutridge, her agents, employees, attorneys, suc cessors, assigns, affiliates, joint ventures, and any person(s) in active concert or participation with her, and/or any person(s) acting for, with, by, through, or under her control who receive actual notice of this Order, are hereby permanently enjoined and restrained. (iv)
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Patagonia, Inc. v. Angie Mobley et al 1 2 3 4 5 6 7 8 Doc. 56 KILPATRICK TOWNSEND & STOCKTON LLP GREGORY S. GILCHRIST (State Bar No. 111536) RYAN T. BRICKER (State Bar No. 269100) ALEXANDRA N. MARTINEZ (State Bar No. 317382) Nineteenth Floor, Two Embarcadero Center San Francisco, California 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Email: gilchrist@kilpatricktownsend.com rbricker@kilpatricktownsend.com amartinez@kilpatricktownsend.com Attorneys for Plaintiff PATAGONIA, INC. 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION – LOS ANGELES 12 13 PATAGONIA, INC., Plaintiffs, 14 15 16 17 v. Case No. 2:18-cv-03868 FMO (RAOx) FINAL JUDGMENT AND PERMANENT INJUNCTION TIFFANY GUTRIDGE, Defendant. 18 19 20 Plaintiff Patagonia, Inc. (“Patagonia”) has filed a Complaint alleging 21 counterfeiting, trademark infringement, unfair competition, and copyright 22 infringement under federal law against co-defendant Tiffany Gutridge. Ms. 23 Gutridge has promoted, distributed, offered, and sold apparel products, bearing one 24 or more identical or substantially indistinguishable imitations of Patagonia’s 25 federally registered marks (the “Counterfeit Products”) using social media, 26 including Facebook user accounts or Facebook Groups. Ms. Gutridge consents to 27 entry of judgment and permanent injunction to resolve this matter. 28 The Court now enters final judgment based upon the following undisputed FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 -1Dockets.Justia.com 1 facts. Each party has waived the right to appeal from this final judgment and each 2 party will bear its own fees and costs in connection with this action. 3 I. 4 5 6 FACTS AND CONCLUSIONS A. This Court has subject matter jurisdiction over this lawsuit and personal jurisdiction over Ms. Gutridge. Venue is proper in this Court. B. Patagonia owns numerous registrations for the PATAGONIA trade- 7 mark, and for its distinctive logo depicting the Mt. Fitz Roy skyline (the “Fitz Roy 8 Design”), for a wide ranging assortment of products. Among these are the 9 following U.S. trademark registrations: 10 11 12 Trademark Goods Date of First Use 1189402/ February 9, 1982 Men’s and Women’s Clothing-Namely, Sweaters, Rugby Shirts, Walking Shorts, Trousers, Jackets, Mittens, Hoods and Rainwear. 08/1974 1294523/ September 11, 1984 Men’s, Women’s and Children’s ClothingNamely, Jackets, Pants, Vests, Gloves, Pullovers, Cardigans, Socks, Sweaters, Underwear, Shirts, Shorts, Skirts and Belts 08/19741981 1775623/ June 8, 1993 Luggage back packs, and all-purpose sports bags 08/1988 Luggage, back packs, fanny packs and allpurpose sport bags, footwear, ski bags and ski gloves 08/1990 PATAGONIA 1811334/ December 14, 1993 PATAGONIA 2260188/ Computerized on-line ordering activities in the 10/1995 13 14 Reg. No. / Reg. Date PATAGONIA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 -2- 1 2 Trademark 3 Reg. No. / Reg. Date July 13, 1999 4 field of clothing and accessories; Providing information in the field of technical clothing and accessories for use in recreational, sporting and leisure activeties; providing information in the field of existing and evolving environmental issues 2392685/ October 10, 2000 On-line retail store and mail order services featuring technical clothing, footwear, and accessories; Computer services in the nature of on-line information related to the environment and clothing 2662619/ December 17, 2002 Retail store services featur- 06/1986 ing clothing, footwear, luggage and a wide variety of sporting goods and accessories 5 6 7 8 9 10 11 PATAGONIA.COM 12 13 14 Goods Date of First Use PATAGONIA 15 10/1995 16 17 These registrations for the PATAGONIA mark and logos are in full force and effect. 18 The registrations have become incontestable under 15 U.S.C. § 1065. Collectively, 19 these marks, Patagonia’s other registered trademarks, and its common law marks are 20 referred to as the “PATAGONIA trademarks.” A color image of the Fitz Roy 21 Design follows: 22 23 24 25 26 27 28 C. Ms. Gutridge promoted, offered, and sold 64 units of the Counterfeit FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 -3- 1 Products and received a total of $271.46 in net income. Ms. Gutridge distributed an 2 additional 3 units and did not receive any compensation for the 3 units. 3 II. PERMANENT INJUNCTION AND AWARD 4 It is hereby ordered and adjudged as follows: 5 A. Ms. Gutridge shall pay the sum of $400.00 to Patagonia within thirty 6 (30) days of entry of this Judgment. Payment shall be made by certified check, 7 payable to “Patagonia, Inc.” and delivered to Patagonia’s counsel of record. 8 9 B. Commencing as of the “So Ordered” date of this Final Judgment and Permanent Injunction, Ms. Gutridge, her agents, employees, attorneys, successors, 10 assigns, affiliates, joint ventures, and any person(s) in active concert or participation 11 with her, and/or any person(s) acting for, with, by, through, or under her control 12 who receive actual notice of this Order, are hereby permanently enjoined and 13 restrained, anywhere in the world, directly or indirectly, from doing, authorizing or 14 procuring any persons to do any of the following: 1. 15 Manufacturing, producing, sourcing, importing, selling, offering 16 for sale, distributing, advertising, or promoting any goods or services that bear 17 reproductions of the PATAGONIA Trademarks; 2. 18 Manufacturing, producing, sourcing, importing, selling, offering 19 for sale, distributing, advertising, or promoting any goods or services that display 20 any words or symbols that so resemble the PATAGONIA trademarks as to be likely 21 to cause confusion, mistake, or deception, on or in connection with any product that 22 is not authorized by or for Patagonia; 3. 23 Using any word, term, name, symbol, device, or combination 24 thereof that causes or is likely to cause confusion, mistake, or deception as to the 25 affiliation or association of Ms. Gutridge or her products with Patagonia or as to the 26 origin of Ms. Gutridge’s goods, or any false designation of origin, false or 27 misleading description or representation of fact, or any false or misleading 28 advertising; FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 -4- 4. 1 Further infringing the rights of Patagonia in and to its 2 PATAGONIA trademarks, or otherwise damaging Patagonia’s goodwill or business 3 reputation; 5. 4 Further infringing Patagonia’s copyright rights, including its 5 rights in the Fitz Roy Design, or otherwise infringing any of Patagonia’s rights 6 under the Copyright Act and any other source of federal or state law; 7 6. Otherwise competing unfairly with Patagonia in any manner; and 8 7. Assisting, aiding or abetting any person or entity engaging in or 9 10 performing any act prohibited by this paragraph. C. This is a final judgment as to all claims asserted against Ms. Gutridge 11 related to the Counterfeit Products sold prior to the date of entry of this Final 12 Judgment and Permanent Injunction. Both parties shall bear their own costs. 13 D. If Ms. Gutridge is found to be in contempt of this injunction by a court 14 of law, she agrees that she will pay to Patagonia a liquidated penalty in an amount 15 no less than $15,000.00 as liquidated damages, plus any other non-duplicative 16 penalties or damages arising from the contempt. 17 E. If Patagonia commences an action for enforcement of this Judgment, 18 the prevailing party shall be awarded reasonable attorneys’ fees and costs from the 19 other party for both the action enforcing this Judgment and the underlying litigation. 20 21 Dated: August 3, 2018 22 23 24 __________/s/___________________ Hon. Fernando M. Olguin United States District Judge 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 -5-
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