Louis Vuitton Malletier S A v. Selex Footwear Inc et al, No. 8:2008cv00733 - Document 26 (C.D. Cal. 2008)

Court Description: FINAL JUDGMENT UPON CONSENT WITH RESPECT TO DEFENDANT HAN THAI by Judge James V. Selna Related to: Notice of Lodgin 24 . (See Judgment for further details) (db)

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Louis Vuitton Malletier S A v. Selex Footwear Inc et al Doc. 26 Anthony M. Keats (Bar No. 123672) akeats@kmwlaw.com David K. Caplan (Bar No. 181174) dcaplan@kmwlaw.com Konrad K. Gatien (Bar No. 221770) kgatien@kmwlaw.com KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: (310) 248-3830 Facsimile: (310) 860-0363 Attorneys for Plaintiff LOUIS VUITTON MALLETIER, S.A. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA LOUIS VUITTON MALLETIER, S.A., Plaintiff, v. Case No.: SACV 08-733 JVS (ANx) FINAL JUDGMENT UPON CONSENT WITH RESPECT TO DEFENDANT HAN THAI SELEX FOOTWEAR, INC., a California corporation, KIMIM LIEN THI NGUYEN, an individual, K SHOES N GIFTS, a California corporation, HAN THAI, a business of unknown origin, PHUONG L. LUU, an individual, and JOHN DOES 1-10, Defendants. Dockets.Justia.com 1 2 3 Plaintiff, Louis Vuitton Malletier, S.A. (hereinafter “Louis Vuitton” or “Plaintiff”), having 4 filed a Complaint in this action charging defendant Han Thai (hereinafter “Han Thai” or 5 “Defendant”) with federal trademark counterfeiting, federal trademark infringement, federal false 6 designation of origin, federal trademark dilution, federal copyright infringement, state statutory and 7 common law trademark counterfeiting, infringement and unfair competition, state statutory unfair 8 competition, state statutory and common law trademark dilution, and constructive trust, and the 9 parties desiring to settle the controversy between them, it is 10 ORDERED, ADJUDGED AND DECREED as between the parties that: 11 1. This Court has jurisdiction over the parties to this action and over the subject matter 12 hereof pursuant to 15 U.S.C. §§ 1116(a) and 1121; 17 U.S.C. § 501; 28 U.S.C. § 1331, and § 13 1338(a) and (b); and 28 U.S.C. § 1367. Venue in this district is proper pursuant to 28 U.S.C. §§ 14 1391 (b) and (c). Service was properly made against Defendant and Defendant does not 15 contest service or jurisdiction. 16 2. Louis Vuitton is organized and existing under the laws of France, with its 17 principal place of business in Paris, France. Louis Vuitton is the sole and exclusive 18 distributor in the United States of goods bearing the Louis Vuitton Trademarks and 19 Louis Vuitton Copyrighted Works (defined below). 20 21 3. Louis Vuitton is the owner of all rights in and to numerous federal trademark applications and registrations including without limitation the following: 22 Mark 23 LV and Design 1,770,131 May 11, 1993 24 LV and Design 2,399,161 October 31, 2000 25 Flower Design 2,181,753 August 18, 1998 26 Flower Design 2,177,828 August 4, 1998 27 Flower Design 2,773,107 October 14, 2003 28 Registration No. Date of Registration Louis Vuitton is also the owner of the common law Monogram Multicolor Trademark, a modified version of its Toile Monogram Trademark, printed in thirty-three bright -2- FINAL JUDGMENT UPON CONSENT 1 2 3 Murakami colors on a white or black background. Louis Vuitton’s trademarks, 4 including without limitation those specifically identified hereinabove, are hereinafter 5 collectively referred to as the “Louis Vuitton Trademarks.” True and correct copies of 6 the Certificates of Registration issued by the United States Patent and Trademark 7 Office evidencing the above-referenced federal trademark registrations are attached to 8 the Complaint and identified as Exhibit 1. 9 4. Louis Vuitton is the owner of certain registrations in the United States 10 Copyright Office including, but not limited to, U.S. Registration No. VA 1-250-121 11 for the Louis Vuitton Multicolor Monogram – Black Print and U.S. Supplementary 12 Registration No. VA-1-365-644 for the Louis Vuitton Multicolor Monogram –Black 13 Print; and U.S. Registration No. VA-1-250-120 for the Louis Vuitton Multicolor 14 Monogram – White Print and U.S. Supplementary Registration No. VA-1-365-645 for 15 the Louis Vuitton Multicolor Monogram – White Print. Louis Vuitton’s copyrights, 16 including without limitation the copyrights specifically identified hereinabove, are 17 hereinafter collectively referred to as the “Louis Vuitton Copyrighted Works.” True 18 and correct copies of the Certificates of Registration issued by the United States 19 Copyright Office evidencing these federal copyright registrations, as well as a color 20 photograph of the copyrighted works identified therein, are attached to the Complaint 21 and identified as Exhibit 2. 22 5. The Louis Vuitton Trademarks are in full force and effect; and the 23 trademarks thereof and the goodwill of Plaintiff’s businesses in connection with which 24 the trademarks are used have never been abandoned. 25 6. Plaintiff alleges that Defendant has sold merchandise wrongfully bearing 26 counterfeits of the Louis Vuitton Trademarks and infringements of the Louis Vuitton 27 Copyrighted Works. Defendant enters into this Judgment without admitting liability. 28 7. Defendant and its officers, directors, employees, attorneys, partners, agents, subsidiaries, successors, assigns, affiliates and any and all persons and entities -3- FINAL JUDGMENT UPON CONSENT 1 2 3 under Defendant’s direction or control, or in active concert or participation with any 4 of them, agree to be contractually enjoined and are immediately and permanently 5 enjoined and restrained throughout the world from: 6 (a) using any reproduction, counterfeit, copy or colorable imitation of 7 the Louis Vuitton Trademarks to identify any goods or the 8 rendering of any services not authorized by Plaintiff; 9 (b) engaging in any conduct that tends falsely to represent that, or is 10 likely to confuse, mislead, or deceive purchasers, Defendant’s 11 customers, and/or members of the public to believe that the actions 12 of Defendant, the products sold by Defendant, or Defendant itself 13 is connected with Plaintiff, is sponsored, approved, or licensed by 14 Plaintiff, or is in some way connected or affiliated with Plaintiff; 15 (c) affixing, applying, annexing, or using in connection with the 16 manufacture, distribution, advertising, sale, and/or offering for sale 17 or other use of any goods or services, a false description or 18 representation, including words or other symbols, tending to 19 falsely describe or represent such goods as being those of Plaintiff; 20 (d) (e) 21 22 23 24 (f) 25 26 27 28 (g) damaging Plaintiff’s goodwill, reputation, and business; infringing the Louis Vuitton Trademarks by manufacturing, importing, producing, distributing, circulating, marketing, advertising, promoting, offering for sale, selling, displaying or otherwise disposing of any products not authorized by Plaintiff bearing any simulation, reproduction, counterfeit, infringement, copy or colorable imitation of the Louis Vuitton Trademarks or Louis Vuitton Copyrighted Works; using any simulation, reproduction, counterfeit, infringement, copy or colorable imitation of the Louis Vuitton Trademarks in connection with the promotion, advertisement, display, sale, offering for sale, manufacture, production, circulation or distribution of any unauthorized products in such fashion as to relate or connect, or tend to relate or connect, such products in any way to Plaintiff, or to any goods sold, manufactured, sponsored or approved by, or connected with Plaintiff; making any statement or representation whatsoever, or using any false designation of origin or false description, or performing any act, which can or is likely to lead the trade or public; or individual members thereof, to believe that any products manufactured, distributed or sold by Defendant are in any -4- FINAL JUDGMENT UPON CONSENT 1 2 3 4 (h) 5 (i) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (j) (a) manner associated or connected with Plaintiff, or are sold, manufactured, licensed, sponsored, approved or authorized by Plaintiff; directly or indirectly causing the dilution, blurring or tarnishment of the Louis Vuitton Trademarks or using any other name or trademark likely to cause dilution, blurring or tarnishment of any of the Louis Vuitton Trademarks; directly or indirectly copying or appropriating any valid intellectual property rights of Louis Vuitton throughout the world including, but not limited to, trademarks, copyrights, design patents, trade dress or luggage, handbags, shoes, apparel, or accessory designs; and assisting, aiding or abetting any other person or business entity from engaging in or performing any of the above-described acts. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of the settlement agreement between the parties, this Judgment, the enforcement thereof and the punishment of any violations thereof. (b) This Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court. (c) The Court expressly determines that there is no just reason for delay in entering this Judgment, and pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs entry of judgment against Defendant. Dated: November 21, 2008. 21 22 23 ____________________________________ Hon. James V. Selna United States District Judge 24 25 26 27 28 -5- FINAL JUDGMENT UPON CONSENT 1 2 3 Presented by: 4 ANTHONY M. KEATSDAVID K. CAPLAN KONRAD K. GATIEN KEATS McFARLAND & WILSON LLP9720 Wilshire Boulevard, Penthouse SuiteBeverly Hills, California 90212 (310) 248-3830 5 6 7 8 9 10 11 12 13 /s/ Konrad K. Gatien Attorneys for Plaintiff Louis Vuitton Malletier, S.A. CONSENT The undersigned hereby consent to the entry of the Final Judgment Upon Consent. Dated: _____________, 2008 HAN THAI 14 15 By: 16 __________________________________ Frank Truong 17 Its:____________________________________ 18 19 20 21 22 23 24 25 26 27 28 -6- FINAL JUDGMENT UPON CONSENT

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