Opinion
2:24-cv-00187-JFW-BFMx
07-17-2024
TAPESTRY, INC., a Maryland Corporation; COACH SERVICES, INC, Maryland Corporation; and COACH IP HOLDINGS LLC, a Delaware Limited Liability Company; Plaintiff, v. MEITAOTAO TRADING, INC., a California Corporation; and DOES 1-10, inclusive. Defendants. COACH
JUDGMENT
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
WHEREAS, on January 8, 2024, Plaintiffs Tapestry, Inc., Coach Services, Inc., and Coach IP Holdings, LLC (collectively, “Plaintiffs”) filed a Complaint against Defendant Meitaotao Trading, Inc. for: (1) Trademark Infringement and Counterfeiting; (2) False Designation of Origin and False Advertising; (3) California Common Law Unfair Competition; and (4) Unfair Competition Under California Unfair Business Practices Act, Cal. Bus. & Prof. Code, § 17200 et seq. The Complaint arises out of Defendant's importation, manufacturing, production, distribution, advertisement, manufacture, production, marketing, distribution, advertisement, offering for sale, and/or sale of accessories that bear counterfeit marks identical with, substantially indistinguishable from, and/or confusingly similar to one or more of the Coach Trademarks (the "Accused Products");
WHEREAS, on April 8, 2024, Plaintiff filed a Proof of Service of the Complaint and Summons on Defendant Meitaotao Trading, Inc. that service had been completed on the office of the Secretary of State pursuant to Fed.R.Civ.P. 4(e)(1) and Cal. Civ. Code § 416.10 and this Court's Order;
WHEREAS, Defendant Meitaotao Trading, Inc. failed to file a responsive pleading to the Complaint or otherwise make an appearance in this action on or before April 29, 2024. As a result, the Clerk of the Court entered default against Defendant Meitaotao Trading, Inc. on May 14, 2024;
WHERAS, Defendant Meitaotao Trading, Inc. is a California Corporation and thus is not an infant, incompetent person, in military service, or otherwise exempted under the Service-members Civil Relief Act (50 U.S.C. App. § 521);
WHEREAS, because Defendant has ignored this lawsuit by willfully failing to file an answer and/or responsive pleading to Plaintiffs' Complaint or otherwise make an appearance in this case, and the likelihood that Defendant will continue to its infringing activities, Plaintiffs will suffer prejudice if default judgment is not entered because Plaintiff would be without any other course of recovery;
WHEREAS, Plaintiffs have set forth a well-pleaded Complaint, and has listed all the essential facts and elements as to each of its causes of action against Defendant, including a cause of action for trademark infringement and counterfeiting, and false designation of origin under the Lanham Act and California common law, and unfair competition;
WHEREAS, Defendant has engaged in transactions involving the sale and distribution of counterfeit products bearing one or more of the Coach Trademarks. Defendant's actions have caused damages to Plaintiffs' reputation and have likely diverted profits away from Plaintiffs;
WHEREAS, default has been entered against Defendant for failure to respond to the Complaint or otherwise appear and defend in this Action, and there is no dispute regarding the material averments of the Complaint, and the likelihood that any genuine issue exists is at best, remote;
WHEREAS, there is no finding of excusable neglect for Defendant's failure to file a responsive pleading in this Action;
WHEREAS, Defendant has failed to set forth any type of defense to this action and under FRCP 55(a), termination of a case before hearing the merits is allowed whenever a defendant fails to defend an action. PepsiCo, Inc. v. Cal. Sec. Cans, 238 F.Supp.2d 1172, 1177 (C.D. Cal. 2002);
WHEREAS, Defendant's conduct described in the Complaint was intentional, deliberate, and willful;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final default judgment shall be entered in favor of Plaintiffs in the amount of $412,750.20 (consisting of statutory damages in the amount of $400,000.00, $11,600 in attorneys' fees, and $1,150.20 in costs) against Defendant Meitaotao Trading, Inc.
IT IS FURTHER ORDERED that Defendant Meitaotao Trading, Inc., its officers, agents, servants and employees and any persons in active concert or participation with them are permanently restrained and enjoined from using the Coach Trademarks as shown in the Complaint and reproduced in the following Exhibit TM, and from unfairly competing with Plaintiffs. Prohibited Acts include, but are not limited to:
(1) Manufacturing, advertising, marketing, promoting, supplying, offering for sale, and/or selling products that bear unauthorized reproductions of any Coach Trademarks, or any marks identical, substantially similar, and/or confusingly similar to any Coach Trademarks;
(2) Using any Coach Trademarks in any reproduction, counterfeit, copy or colorable imitation of a Coach® product;
(3) Passing off, inducing or enabling others to sell or pass off any reproduction, counterfeit, copy or colorable imitation of a Coach® product as an authentic Coach® product;
(4) Representing that Defendant Meitaotao Trading, Inc. is licensed, authorized, or sponsored by Plaintiffs with respect to any product bearing one or more unauthorized reproductions of any Coach Trademarks; and
(5) Assisting, aiding, or attempting to help other individuals or entities to infringe any Coach Trademarks or to perform any of the prohibited activities set forth above.
IT IS SO ORDERED.
EXHIBIT TM
Registration No.
Mark
Classes
Date of Registration
Image
2,088,706
COACH
6, 9, 16, 18, 20 and 25 for inter alia key fobs, eyeglass cases, cellular phone cases, satchels, tags for luggage, luggage, backpacks, picture frames, hats, gloves and caps.
August 19, 1997
COACH
3,157,972
COACH
35 for retail store services.
October 17, 2006
COACH
0,751,493
COACH
14 for leather goods, namely, utility kits, portfolios, key cases, comb cases, pass cases, money clips, billfolds, wallets, pocket secretaries, stud cases, jewel cases, and leather book covers.
June 25, 1963
COACH
2,451,168
COACH
9 for eyeglasses.
May 15, 2001
COACH
4,105,689
COACH
9 for sunglasses.
February 28, 2012
COACH
2,537,004
COACH
24 for inter alia home furnishings.
February 5, 2002
COACH
1,846,801
COACH
25 for inter alia men's and women's coats and jackets.
July 26, 1994
COACH
3,439,871
COACH
18 for inter alia umbrellas.
June 3, 2008
COACH
2,231,001
COACH
25 for inter alia clothing for men, women and children namely, coats, jackets, overcoats, raincoats, shirts, vests, scarves, shoes and belts.
March 9, 1999
COACH
3,354,448
COACH
14 for inter alia jewelry.
December 11, 2007
COACH
2,446,607
COACH
16 for inter alia writing instruments.
April 24, 2001
COACH
Registration No.
Mark
Classes
Date of Registration
Image
2,291,341
COACH
14 for inter alia clocks and watches.
November 9, 1999
COACH
1,071,000
COACH
18, 25 for inter alia women's handbags, carry-on luggage, and men's and women's belts.
August 9, 1977
COACH
3,633,302
COACH
3 for inter alia perfumes, lotions and body sprays.
June 2, 2009
COACH
2,534,429
COACH & LOZENGE DESIGN
9 for inter alia eyeglasses, eyeglass frames and sunglasses.
January 29, 2002
COACH
2,252,847
COACH & LOZENGE DESIGN
35 for retail services.
June 15, 1999
COACH
2,291,368
COACH & LOZENGE DESIGN
14 for inter alia watches.
November 9, 1999
COACH
2,534,429
COACH & LOZENGE DESIGN
9 for inter alia eyeglasses, eyeglass frames and sunglasses.
January 29, 2002
COACH
2,169,808
COACH & LOZENGE DESIGN
25 for inter alia clothing for men and women, namely, coats, jackets, scarves, shoes, and belts.
June 30, 1998
(Image Omitted)
2,035,056
COACH & LOZENGE DESIGN
3, 21 for inter alia leather cleaning products and shoe brushes.
February 4, 1997
(Image Omitted)
2,626,565
CC & DESIGN (Signature C)
18 for inter alia handbags, purses, clutches, shoulder bags, tote bags, and wallets.
September 24, 2002
(Image Omitted)
2,822,318
CC & DESIGN (Signature C)
24 for inter alia fabric for use in the manufacture of clothing, shoes, handbags, and luggage.
March 16, 2004
(Image Omitted)
2,832,589
CC & DESIGN (Signature C)
6, 9, 14, 18, for inter alia sunglasses and eye glass cases, leather goods, metal key fobs, leather key fobs jewelry, watches, umbrellas.
April 13, 2004
(Image Omitted)
Registration No.
Mark
Classes
Date of Registration
Image
2,592,963
CC & DESIGN (Signature C)
25 for inter alia clothing namely, scarves, belts, gloves, hats, shoes, coats, jackets.
July 9, 2002
(Image Omitted)
2,822,629
CC & DESIGN (Signature C)
35 for retail services.
March 16, 2004
(Image Omitted)
3,396,554
AMENDED CC & DESIGN (Signature C)
3 for inter alia fragrances.
March 11, 2008
(Image Omitted)
3,149,330
C & LOZENGE LOGO
14 for watches.
September 26, 2006
(Image Omitted)
2,162,303
COACH & TAG DESIGN
25 for belts.
June 2, 1998
(Image Omitted)
4,744,715
COACH NEW YORK & DESIGN
18 for inter alia handbags, small leather goods, luggage, umbrellas
May 26, 2015
(Image Omitted) COACH NEW YORK
4,744,718
COACH NEW YORK & DESIGN
25 for inter alia clothing, coats, belts, gloves, shoes
May 26, 2015
(Image Omitted) COACH NEW YORK
4,744,719
COACH NEW YORK & DESIGN
3 for fragrances, leather cleaners and moisturizers
May 26, 2015
(Image Omitted) COACH NEW YORK
4,744,720
COACH NEW YORK & DESIGN
9 for sunglasses, eyewear, cell phone cases, tablet covers and cases
May 26, 2015
(Image Omitted) COACH NEW YORK
4,744,721
COACH NEW YORK & DESIGN
14 for jewelry and watches
May 26, 2015
(Image Omitted) COACH NEW YORK
Registration No.
Mark
Classes
Date of Registration
Image
4,744,722
COACH NEW YORK & DESIGN
20 for inter alia key fobs and key rings not of metal
May 26, 2015
(Image Omitted) COACH NEW YORK
4,814,094
COACH NEW YORK & Design
18 for handbags; purses; tote bags; clutch purses; wristlet bags; shoulder bags; messenger bags; duffle bags; backpacks; briefcases; travel bags; luggage; garment bags for travel; bags for carrying babies' accessories; cosmetic cases sold empty; and toiletry cases sold empty.
September 15, 2015
(Image Omitted)
4,754,870
COACH NEW YORK
3, 6 for fragrances; key fobs of common metal; and metal rings and chains for keys.
June 16, 2015
COACH NEW YORK
5,004,497
COACH 1941
18, 25 for inter alia handbags, small leather goods, jackets, clothing, coats and shoes.
July 19, 2016
COACH 1941
5,045,622
HANGTAG SHAPE DESIGN
18 for inter alia briefcases, handbags, satchels, tote bags, duffle bags, cosmetic bags, wallets, luggage.
September 20, 2016
(Image Omitted)