360Sweater Company LLC v. Ningxia Judian Electronic Commerce Co., Ltd. et al, No. 2:2021cv00440 - Document 23 (C.D. Cal. 2021)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT NINGXIA COMMERCE CO., LTD. by Judge Stephen V. Wilson, Related to: APPLICATION for Clerk to Enter Default against Defendant Ningxia Judian Electronic Commerce Co., Ltd. 21 . A default jud gment is hereby entered in favor of Plaintiff 360 Sweater Company, LLC ("Plaintiff") and against Defendant in the amount of $2,044,262.25. The Court permanently enjoins the Defendant, on a worldwide basis, from: (see document for details). (MD JS-6. Case Terminated) (mrgo) Modified on 7/9/2021 (mrgo).

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360Sweater Company LLC v. Ningxia Judian Electronic Commerce Co., Ltd. et al Doc. 23 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 360SWEATER COMPANY LLC, a California limited liability company, 12 Plaintiff, 13 vs. 14 NINGXIA JUDIAN ELECTRONIC 15 COMMERCE CO., LTD., a business entity of unknown form, doing business as 16 GENTLE HERD, 17 Case No. 2:21-cv-00440 SVW (RAOx) FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT NINGXIA COMMERCE CO., LTD. Defendant. 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER NEMER 1 A P R O F E S S I ON A L C OR P OR A T I O N L O S A N G E LE S JUDGMENT BN 44184768v1 Dockets.Justia.com 1 The Court, having considered the Application for Default Judgment against 2 Defendant Ningxia Judian Electronic Commerce Co., Ltd (“Defendant”), and the 3 supporting declaration, exhibits and pleadings on file in this action, and good cause 4 appearing therefore, hereby ORDERS, ADJUDGES, and DECREES as follows: 5 1. The Application is GRANTED. 6 2. The Summons and Complaint were served on Defendant on March 18, 3. The Defendant failed to appear and answer the Complaint, which 7 2021. 8 9 constitutes an admission of the allegations set forth in Plaintiff’s Compliant. 10 4. The clerk of the Court entered default against the Defendant on April 11 13, 2021. 12 5. A default judgment is hereby entered in favor of Plaintiff 360 Sweater 13 Company, LLC (“Plaintiff”) and against Defendant in the amount of $2,044,262.25. 14 6. The Court permanently enjoins the Defendant, on a worldwide basis, (a) Selling, manufacturing, distributing, advertising, or publicizing any 15 from: 16 17 goods or services using any mark which is identical to Plaintiff’s NAKED 18 CASHMERE Marks, or any other mark, name, symbol, or logo that is a 19 reproduction, counterfeit, copy, or colorable imitation of, incorporates or is 20 confusingly similar to, or is substantially indistinguishable from the NAKED 21 CASHMERE Marks; 22 (b) Selling, manufacturing, distributing, advertising, or publicizing any 23 goods or services under any mark which is identical to Plaintiff’s NAKED 24 CASHMERE Marks, or any other mark, name, symbol, or logo that is likely to 25 cause confusion or to cause mistake or to deceive persons into the erroneous belief 26 that Defendant’s business or goods are sponsored or endorsed by Plaintiff, is 27 authorized by Plaintiff, or is connected in some way with Plaintiff or the NAKED 28 CASHMERE Marks; BUCHALTER NEMER 2 A P R O F E S S I ON A L C OR P OR A T I O N L O S A N G E LE S JUDGMENT BN 44184768v1 1 (c) Falsely implying Plaintiff’s endorsement of, sponsorship of, or 2 affiliation with Defendant’s goods or business, or engaging in any act or series of 3 acts which, either alone or in combination, constitutes unfair methods of 4 competition with Plaintiff and from otherwise interfering with, or injuring, the 5 Plaintiff’s NAKED CASHMERE Marks, or the goodwill associated therewith; 6 (d) Engaging in any act that or injures or is likely to injure Plaintiff’s 7 business reputation; 8 (e) Representing or implying that Defendant is in any way sponsored by, 9 affiliated with, or endorsed or licensed by Plaintiff; 10 (f) Knowingly assisting, inducing, aiding or abetting any other person or 11 business entity in engaging in or performing any of the activities referred to in 12 paragraphs 2(a) to 2(f) above. 13 14 IT IS SO ORDERED. 15 16 Dated: July 8, 2021 __________________________ Hon. Stephen V. Wilson United States District Court Judge 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER NEMER 3 A P R O F E S S I ON A L C OR P OR A T I O N L O S A N G E LE S JUDGMENT BN 44184768v1 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 BUCHALTER NEMER 1 A P R O F E S S I ON A L C OR P OR A T I O N L O S A N G E LE S JUDGMENT BN 44184768v1

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