Chrome Hearts LLC v. Payless Shoesource Worldwide

Full title: CHROME HEARTS LLC, a Delaware Limited Liability Company, Plaintiff, v…

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Dec 10, 2015

CV 14-06802-SJO-MRW (C.D. Cal. Dec. 10, 2015)

Opinion

CHROME HEARTS LLC, a Delaware Limited Liability Company, Plaintiff, v. PAYLESS SHOESOURCE WORLDWIDE., a Kansas Corporation; L&J ACCESSORIES, LLC, a Florida Limited Liability Company; and DOES 1-10, inclusive; Defendants. No. CV 14-06802-SJO-MRW United States District Court, C.D. California. December 10, 2015

          ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE

          S. JAMES OTERO, District Judge.

         WHEREAS, Plaintiff Chrome Hearts LLC ("Chrome Hearts") has filed a First Amended Complaint in this action charging Defendant L&J Accessories, LLC ("L&J") with Trademark Infringement, False Designations of Origin, Unfair Competition under federal, state, and common law arising from L&J's manufacture, production, distribution, promotion, advertisement, offering for sale, and/or sale of products bearing a mark that Chrome Hearts alleges to be substantially indistinguishable/nearly identical to one or more of the Chrome Hearts Marks; and

         WHEREAS, Chrome Hearts is the owner of the word mark "CHROME HEARTS" and various composite trademarks comprising said mark and assorted design components, including those shown below (hereinafter collectively the "Chrome Hearts Marks"); and

Mark

         WHEREAS, the parties herein have simultaneously entered into a Settlement Agreement and Mutual Release; and

         WHEREAS, the parties hereto desiring to fully settle all the claims in this action among the parties to this Final Judgment; and

         WHEREAS, L&J has agreed to consent to the below terms of a permanent injunction, IT IS HEREBY ORDERED that:

         1. L&J and its agents, servants, employees and all persons in active concert and participation with it who receive actual notice of this Final Consent Judgment are hereby permanently restrained and enjoined from: (a) Manufacturing, purchasing, producing, distributing, circulating, selling, offering for sale, importing, exporting, advertising, promoting, displaying, shipping, marketing and/or incorporating in advertising or marketing the Chrome Hearts Marks and/or any marks identical, substantially indistinguishable, and/or confusingly similar thereto, including but not limited to the Disputed Products shown below;

         (b) Knowingly assisting, aiding or attempting to assist or aid any other person or entity in performing any of the prohibited activities referred to in Paragraph 2(a) above.

         WHEREAS, the parties have stipulated to the below, IT IS HEREBY ORDERED that:

         2. This Court has jurisdiction over the parties to this Final Consent Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.

         3. Chrome Hearts and L&J shall bear their own costs and attorneys' fees associated with this action.

         4. Chrome Hearts hereby dismisses with prejudice its claims against L&J in this action, however, such dismissal shall not have preclusive effect on those who are not a party to this Stipulation or who are not specifically released in the parties' written settlement agreement, all claims against whom Chrome Hearts expressly reserve.

         5. The execution of this Consent Judgment shall serve to bind and obligate the parties hereto.

         6. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this Consent Judgment, the enforcement thereof and the punishment of any violations thereof. Except as otherwise provided herein, this action is fully resolved with prejudice as to Defendant L&J Accessories LLC.

         IT IS SO ORDERED.