Patagonia, Inc. v. Angie Mobley et al, No. 2:2018cv03868 - Document 76 (C.D. Cal. 2018)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Fernando M. Olguin. It is hereby ordered and adjudged as follows: Commencing as of the "So Ordered" date of this Final Judgment and Permanent Injunction, Ms. Bullock, her agents, employees, attorneys, successors, 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. 76 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 FINAL JUDGMENT AND PERMANENT INJUNCTION KAILEY BULLOCK, 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 Kailey Bullock. Ms. Bullock 23 imported apparel products bearing one or more identical or substantially 24 indistinguishable imitations of Patagonia’s federally registered marks (the 25 “Counterfeit Products”). Ms. Bullock maintains she was unaware the imported 26 apparel was Counterfeit Products at the time she ordered it, but consents to entry of 27 judgment and permanent injunction to resolve this matter. 28 The Court now enters final judgment based upon the following undisputed [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 -1- KILPATRICK TOWNSEND 71062757 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 facts. Each party has waived the right to appeal from this final judgment and each party will bear its own fees and costs in connection with this action. I. FACTS AND CONCLUSIONS A. This Court has subject matter jurisdiction over this lawsuit and personal jurisdiction over Ms. Bullock. Venue is proper in this Court. B. Patagonia owns numerous registrations for the PATAGONIA trade- mark, and for its distinctive logo depicting the Mt. Fitz Roy skyline (the “Fitz Roy Design”), for a wide ranging assortment of products. Among these are the following U.S. trademark registrations: 11 12 Trademark 13 14 15 Reg. No. / Reg. Date 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 10/1995 PATAGONIA 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 KILPATRICK TOWNSEND 71062757 1 -2- 1 2 Trademark 3 4 Reg. No. / Reg. Date July 13, 1999 ordering activities in the 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 15 PATAGONIA 16 17 18 19 20 21 22 Goods Date of First Use 10/1995 These registrations for the PATAGONIA mark and logos are in full force and effect. The registrations have become incontestable under 15 U.S.C. § 1065. Collectively, these marks, Patagonia’s other registered trademarks, and its common law marks are referred to as the “PATAGONIA trademarks.” A color image of the Fitz Roy Design follows: 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 KILPATRICK TOWNSEND 71062757 1 -3- 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 C. Ms. Bullock purchased Counterfeit Products from “Wilson Yan Yiwu Yalindy Imp and Ex Co., Ltd.,” through alibaba.com. While Ms. Bullock intended to resell the product purchased from Wilson Yan Yiwu Yalindy Imp and Ex Co., Ltd. through alibab.com, she has stated that she was unaware at the time the transaction commenced the counterfeit bore any infringing PATAGONIA trademarks. II. PERMANENT INJUNCTION AND AWARD It is hereby ordered and adjudged as follows: A. Commencing as of the “So Ordered” date of this Final Judgment and Permanent Injunction, Ms. Bullock, her agents, employees, attorneys, successors, 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, anywhere in the world, directly or indirectly, from doing, authorizing or procuring any persons to do any of the following: 1. Without Patagonia’s authorization, manufacturing, producing, sourcing, importing, selling, offering for sale, distributing, advertising, or promoting any goods or services that bear reproductions of the PATAGONIA Trademarks; 2. Manufacturing, producing, sourcing, importing, selling, offering for sale, distributing, advertising, or promoting any goods or services that display any words or symbols that so resemble the PATAGONIA trademarks as to be likely to cause confusion, mistake, or deception, on or in connection with any product that is not authorized by or for Patagonia; 3. With respect to Patagonia products, using any word, term, name, symbol, device, or combination thereof that causes or is likely to cause confusion, mistake, or deception as to the affiliation or association of Ms. Bullock or her products with Patagonia or as to the origin of Ms. Bullock’s goods, or any false [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 KILPATRICK TOWNSEND 71062757 1 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 designation of origin, false or misleading description or representation of fact, or any false or misleading advertising; 4. Further infringing the rights of Patagonia in and to its PATAGONIA trademarks, thereby damaging Patagonia’s goodwill or business reputation; 5. Further infringing Patagonia’s copyright rights, including its rights in the Fitz Roy Design, or otherwise infringing any of Patagonia’s rights under the Copyright Act and any other source of federal or state law; and 6. Assisting, aiding or abetting any person or entity engaging in or performing any act prohibited by this paragraph. B. This is a final judgment as to all claims asserted against Ms. Bullock related to the Counterfeit Products, sold prior to the date of entry of this Final Judgment and Permanent Injunction. Both parties shall bear their own costs. C. If Ms. Bullock is found to be in contempt of this injunction by a court of law, she agrees that she will pay to Patagonia a liquidated penalty in an amount no less than $7,500.00 as liquidated damages, plus any other non-duplicative penalties or damages arising from the contempt. D. If Patagonia commences an action for enforcement of this Judgment, the prevailing party shall be awarded reasonable attorneys’ fees and costs from the other party for both the action enforcing this Judgment and the underlying litigation. Dated: August ____, 22 2018 23 24 ____/S/____________________ Hon. Fernando M. Olguin United States District Judge 25 26 27 28 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:18-cv-03868 KILPATRICK TOWNSEND 71062757 1 -5-
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