Levi Strauss & Co. v. Machine Jeans, Inc., No. 3:2014cv04194 - Document 20 (N.D. Cal. 2014)

Court Description: Order granting final Judgment and Permanent Injunction. Signed by Judge Susan Illston on 11/20/14. (tfS, COURT STAFF) (Filed on 11/20/2014)

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Levi Strauss & Co. v. Machine Jeans, Inc. 1 2 3 4 Doc. 20 KILPATRICK TOWNSEND & STOCKTON LLP GREGORY S. GILCHRIST (Bar # 111536) GIA L. CINCONE (Bar # 141668) Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Email: ggilchrist@kilpatricktownsend.com, gcincone@kilpatricktownsend.com 5 6 7 8 9 10 11 12 Attorneys for Plaintiff LEVI STRAUSS & CO. Lynda J. Zadra-Symes (SBN 156511) lynda.zadrasymes@knobbe.com Jeffrey L. Van Hoosear (SBN 147751) jeff.vanhoosear@knobbe.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Defendant MACHINE JEANS, INC. 13 14 UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 17 LEVI STRAUSS & CO., 18 19 20 Case No. 4:14-cv-04194 SI Plaintiff, STIPULATION TO FINAL JUDGMENT AND PERMANENT INJUNCTION v. MACHINE JEANS, INC., 21 Defendant. 22 23 Plaintiff Levi Strauss & Co. and Defendant Machine Jeans, Inc. hereby stipulate to the facts 24 and conclusions contained in the attached Final Judgment and Permanent Injunction, and consent to its 25 entry by the Court. 26 27 28 STIPULATION TO FINAL JUDGMENT -1- Levi Strauss & Co. v. Machine Jeans, Inc. Case No. 4:14-cv-04194 SI Dockets.Justia.com 1 DATED: November 19, 2014 Respectfully submitted, 2 KILPATRICK TOWNSEND & STOCKTON LLP 3 By: /s/ Gia Cincone Gia Cincone Attorneys for Plaintiff LEVI STRAUSS & CO. 4 5 6 DATED: November 19, 2014 7 KNOBBE, MARTENS, OLSON & BEAR, LLP By: /s/ Jeffrey L. Van Hoosear Jeffrey L. Van Hoosear Attorneys for Defendant MACHINE JEANS, INC. 8 9 10 11 12 13 14 ATTESTATION CLAUSE REGARDING SIGNATURES Pursuant to Local Rule No. 5-1(i)(3) regarding signatures, I attest under penalty of perjury that I have on file permission to sign for counsel indicated by a “conformed” signature within this e-filed document. 15 16 /s/Gia L. Cincone Gia L. Cincone 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION -2- Levi Strauss & Co. v. Machine Jeans, Inc. Case No. 4:14-cv-04194 SI 1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 LEVI STRAUSS & CO., 6 Plaintiff, 7 8 Case No. 4:14-cv-04194 SI [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION v. MACHINE JEANS, INC., 9 Defendant. 10 11 Plaintiff Levi Strauss & Co. (“LS&Co.”) has filed a Complaint alleging trademark 12 infringement, dilution, and unfair competition under federal and California law against defendant 13 Machine Jeans, Inc. (“Machine Jeans”). LS&Co. alleges that Machine Jeans has manufactured, 14 distributed, promoted, and sold denim jeans under the brand name MACHINE JEANS that violate 15 LS&Co.’s rights in its federally registered Arcuate Stitching Design and Tab trademarks. The Court now enters final judgment based upon the following undisputed facts. Each party 16 17 has waived the right to appeal from this final judgment and each party will bear its own fees and costs 18 in connection with this action. 19 I. 20 21 22 23 24 FACTS AND CONCLUSIONS A. This Court has subject matter jurisdiction over this lawsuit and personal jurisdiction over Machine Jeans. Venue is proper in this Court. B. LS&Co. owns the following trademarks, which are registered as indicated below. These trademarks are referred to collectively as the “LS&Co. Trademarks.” 1. The Arcuate Stitching Design Trademark. LS&Co. owns, among others, the 25 following United States and California registrations for its Arcuate trademark as used on jeans and 26 other casual apparel: a. 27 28 U.S. Registration No. 1,139,254 (first used as early as 1873; registered September 2, 1980); FINAL JUDGMENT AND PERMANENT INJUNCTION -3- Levi Strauss & Co. v. Machine Jeans, Inc. Case No. 4:14-cv-04194 SI 1 2 b. c. d. registered August 24, 1988). 7 8 2. a. b. c. d. e. f. 23 Registration No. 1,157,769 (first used as early as September 1, 1936; registered June 16, 1961). 21 22 Registration No. 775,412 (first used as early as October 9, 1957; registered August 18, 1964); 19 20 Registration No. 774,625 (first used as early as May 22, 1963; registered August 4, 1964); 17 18 Registration No. 577,490 (first used as early as September 1, 1936; registered July 21, 1953); 15 16 Registration No. 516,561 (first used as early as September 1, 1936; registered October 18, 1949); 13 14 Registration No. 356,701 (first used as early as September 1, 1936; registered May 10, 1938); 11 12 The Tab Device Trademark. LS&Co. owns, among others, the following United States registrations for its Tab trademark as used on jeans and other casual apparel: 9 10 California Registration No. 088399 (first used as early as 1873; December 16, 2003); 5 6 U.S. Registration No. 2,794,649 (first used as early as 1873; registered November 16, 1943); 3 4 U.S. Registration No. 404,248 (first used as early as 1873; registered C. Machine Jeans has manufactured, distributed, promoted, and sold jeans under the brand name MACHINE JEANS that display the stitching designs illustrated in Exhibit A (the “Machine Designs”) and the pocket tab illustrated in Exhibit B (the “Machine Tab”). 24 II. 25 26 27 PERMANENT INJUNCTION It is hereby ordered and adjudged as follows: A. Machine Jeans shall pay the sum of $10,000.00 to LS&Co. within 15 (fifteen) days of entry of this Judgment. Payment shall be made by wire transfer to the following account: 28 FINAL JUDGMENT AND PERMANENT INJUNCTION -4- Levi Strauss & Co. v. Machine Jeans, Inc. Case No. 4:14-cv-04194 SI 1 Bank of America, N.A. Swift Code: BOFAUS3N Beneficiary Name Levi Strauss & Co. Beneficiary Account Number 1233502255 Routing Number 026009593 2 3 4 B. Commencing as of the “So Ordered” date of this Final Judgment and Permanent 5 Injunction, Machine Jeans, its principals, agents, employees, officers, directors, servants, privies, 6 parents, subsidiaries, successors, and assigns, and all persons acting in concert or participating with it 7 or under its control who receive actual notice of this Order, are hereby permanently enjoined and 8 restrained, anywhere in the world, directly or indirectly, from doing, authorizing or procuring any 9 persons to do any of the following: 1. 10 Manufacturing, licensing, selling, offering for sale, distributing, importing, 11 exporting, advertising, promoting, or displaying any garment that displays any of the Machine 12 Designs or the Machine Tab, or any other design that is substantially similar to the LS&Co. 13 Trademarks or to any of the Machine Designs or the Machine Tab; 2. 14 Using or filing applications, now or in the future, for the registration of any of 15 the Machine Designs or the Machine Tab, or any other trademarks, designs, or other intellectual 16 property that is substantially similar to the LS&Co. Trademarks or to any of the Machine Designs or 17 the Machine Tab; and 18 3. 19 act prohibited by this paragraph. 20 C. Assisting, aiding or abetting any person or entity engaging in or performing any If Machine Jeans is found to be in contempt of this injunction by a court of law, it 21 agrees that it will pay $10,000.00 to LS&Co. as a liquidated penalty to compensate for attorneys’ fees 22 in this proceeding and in enforcement proceedings, plus any other non-duplicative penalties or 23 damages arising from the contempt. 24 D. This Court shall retain jurisdiction for the purpose of making any further orders 25 necessary or proper for the construction or modification of this Judgment, the enforcement thereof, 26 and/or the punishment for any violations thereof. If LS&Co. commences an action for enforcement of 27 this Judgment, the prevailing party shall be awarded reasonable attorneys’ fees and costs from the 28 other party. FINAL JUDGMENT AND PERMANENT INJUNCTION -5- Levi Strauss & Co. v. Machine Jeans, Inc. Case No. 4:14-cv-04194 SI 1 IT IS SO ORDERED. 2 3 11/20/14 DATED: __________________ 4 _________________________________ Hon. Susan Illston United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION -6- Levi Strauss & Co. v. Machine Jeans, Inc. Case No. 4:14-cv-04194 SI Exhibit A Exhibit A-1 Exhibit A-2 Exhibit A-3 Exhibit A-4 Exhibit A-5 Exhibit A-6 Exhibit B Exhibit B

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