Opinion
20-cv-6172-ALC
08-30-2021
HERMAN MILLER, INC. and THE ISAMU NOGUCHI FOUNDATION AND GARDEN MUSEUM, Plaintiffs, v. MANHATTAN HOME DESIGN LLC, BARCELONA DESIGNS, DANIEL JAVIER LEVY, and LIVING GROUP LLC, Defendants.
CONSENT JUDGMENT
ANDREW L. CARTER, JR. UNITED STATES DISTRICT JUDGE
This stipulated Consent Judgment shall fully dispose of all claims in this action by Plaintiffs Herman Miller, Inc. (“Herman Miller”) and The Isamu Noguchi Foundation and Garden Museum (“The Noguchi Museum”) against Defendants Manhattan Home Design LLC, Barcelona Designs, Daniel Javier Levy, and The Living Group LLC (collectively, “Defendants”).
Plaintiffs filed this action asserting intellectual property rights in the designs and brand names shown in EXHIBIT A appended hereto. Accused infringing products and uses are shown in EXHIBIT B appended hereto.
From the date of this Judgment going forward:
1) Defendants shall not manufacture, have manufactured, advertise, market, sell, or otherwise distribute the products shown in EXHIBIT B, including any of the same or substantially similar appearance, regardless of model designation, upholstery type, or color;
2) Defendants shall not otherwise manufacture, have manufactured, market, sell or otherwise distribute any products that are confusingly similar to the asserted trade dress rights depicted in EXHIBIT A;
3) Defendants shall not use any of the brand names identified in EXHIBIT A - or any names confusingly similar thereto - in connection with the marketing or sale of furniture, office equipment, or housewares, except in accordance with principles of fair use and/or trademark exhaustion under controlling law; and
4) Defendants shall not aid or encourage any other entity to engage in the foregoing activities.
The Court shall retain jurisdiction to enforce this Stipulated Judgment and the Settlement Agreement between the parties. Each party is to bear their own costs and fees relating to claims in this action.
(Exhibit Omitted).