Opinion
Brent H. Blakely, Cindy Chan, BLAKELY LAW GROUP, Manhattan Beach, California, Attorneys for Plaintiff Chanel, Inc.
ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS K.H. JEWELRY INTERNATIONAL AND U HONG KUAN WITH PREJUDICE
DEAN D. PREGERSON, District Judge.
WHEREAS Plaintiff Chanel, Inc. ("Chanel") having filed a Complaint in this action charging, inter alia, Defendants K.H. Jewelry International and U Hong Kuan (collectively "Defendants") with Trademark Counterfeiting, Trademark Infringement, False Designations of Origin, Trademark Dilution, Unfair Competition, and related state law claims arising from Defendants' unauthorized manufacture, production, distribution, advertisement, offering for sale, and/or sale of apparel bearing unauthorized reproductions of the Chanel Marks, and the parties herein having simultaneously entered into a Settlement Agreement and Mutual Release; and the parties hereto desiring to fully settle all of the claims in this action among the parties to this Final Judgment;
WHEREAS Defendants have agreed to consent to the below judgment, IT IS HEREBY ORDERED that:
1. 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.
2. Chanel is the owner of the entire right, title and interest in and to the "Chanel Marks" set forth below.
Trademark U.S. Reg. No. Registration Date Class(es)/Goods CHANEL 3, 133, 139 August 22, 2006 Class 14: Jewelry and Watches CHANEL 0, 902, 190 November 10, 1970 Class 14: Bracelets, Pins and Earrings CHANEL 0, 612, 169 September 13, 1955 Class 14: Necklaces 1, 501, 898 August 30, 1988 Class 14: Costume Jewelry Class 25: Blouses, Shoes, Belts, Scarves, Jackets, Men's Ties Class 26: Brooches, buttons for clothing. 3, 025, 936 December 13, 2005 Class 9: Eyeglass frames, Sunglasses Class 26: Hair accessories, namely barrettes June 7, 1983 Class 25: Suits, Jackets, Skirts, Dresses, Pants, 1, 241, 264 Blouses, Tunics, Sweaters, Cardigans, Tee-Shirts,
Coats, Raincoats, Scarves, Shoes and Boots CHANEL 1, 464, 711 November 10, 1987 Class 26: Barrettes, Hair Clips, Hair Bands, Hair Bows, Artificial Flowers No5 3, 149, 203 September 26, 2006 Class 14: Jewelry
3. Chanel has alleged that Defendants' purchase, importation, distribution, advertisement, offering for sale, and sale of products which infringe upon the Chanel Marks ("Infringing Products") constitute trademark infringement, trademark dilution, and unfair competition under the Lanham Trademark Act, and under the common law.
4. Judgment shall be entered in favor of Chanel in the amount of $500, 000.00 against Defendants, to be jointly and severally liable, with respect to Chanel's claims as set forth in the Complaint filed in the present action.
5. Defendants and their agents, servants, employees and all entities and/or persons in active concert and participation with them who receive actual notice of this Final Consent Judgment are hereby permanently restrained and enjoined from infringing upon the Chanel Marks either directly or contributorily in any manner, including:
(a) Manufacturing, purchasing, producing, distributing, circulating, selling, offering for sale, importing, exporting, advertising, promoting, displaying, shipping or marketing products bearing the Chanel Marks, and/or marks identical and/or confusingly similar thereto;
(b) Delivering, holding for sale, returning, transferring or otherwise moving, storing or disposing in any manner products bearing the Chanel Marks, and/or marks identical and/or confusingly similar thereto;
(c) Using the Chanel Marks or any reproduction, counterfeit, copy or colorable imitation thereof in connection with the manufacture, importation, distribution, advertisement, offer for sale and/or sale of merchandise comprising not the genuine products of Chanel, or in any manner likely to cause others to believe that Defendants' products are connected with Chanel or Chanel's genuine merchandise;
(d) Assisting, aiding or attempting to assist or aid any other person or entity in performing any of the prohibited activities referred to in Paragraphs 5(a) to 5(c) above.
6. The parties shall bear their own costs and attorneys' fees associated with this action.
7. The execution of this Consent Judgment shall serve to bind and obligate the parties hereto.
8. 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 Final Judgment, the enforcement thereof and the punishment of any violations thereof.
9. Except as otherwise provided herein, this action is fully resolved with prejudice as to Defendants K.H. Jewelry International and U Hong Kuan only. 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 Chanel expressly reserves.
IT IS SO ORDERED.