Opinion
CV 23-263-DMG (MARx)
05-12-2023
CHROME HEARTS LLC, a Delaware Limited Liability Company, Plaintiff, v. PROXY PUPPET INC., a Washington Corporation; and DOES 1-10, inclusive, Defendants.
DEFAULT JUDGMENT
DOLLY M. GEE UNITED STATES DISTRICT JUDGE
The Court, having granted Plaintiff's Motion for Default Judgment against Defendant The Proxy Puppet Inc., IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment be entered in favor of Plaintiff in the amount of $309,600 against Defendant.
IT IS FURTHER ORDERED that Defendant, its officers, agents, servants and employees, and any persons in active concert or participation with them, are permanently restrained and enjoined from infringing upon Plaintiff's federally registered trademarks, including but not limited to the marks attached hereto as Exhibit A (the “Chrome Hearts Marks”), either directly or contributorily in any manner, including:
(a) Manufacturing, importing, advertising, marketing, promoting, supplying, distributing, offering for sale, and/or selling products which bear the Chrome Hearts Marks, or any marks/designs identical, substantially similar, and/or confusingly similar thereto;
(b) Shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing, or disposing of in any manner items falsely bearing the Chrome Hearts Marks, or any reproduction, counterfeit, copy or colorable imitation thereof;
(c) Using the Chrome Hearts 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;
(d) Passing off, inducing or enabling others to sell or pass off any product or other items that are not Chrome Hearts' genuine merchandise as genuine Chrome Hearts merchandise;
(e) Committing any other acts which falsely represent or which has the effect of falsely representing that the goods and services of Defendants are licensed, authorized, offered, produced, or sponsored by, or are in any other way associated with Chrome Hearts; and
(f) Assisting, aiding, or attempting to assist or aid any other person or entity in infringing any Chrome Hearts Marks or performing any of the prohibited activities referred to in paragraphs (a) to (e) above.
IT IS SO ORDERED.
EXHIBIT A
Chrome Hearts' Mark
U.S. Reg. No.
Reg. Date
Goods/Services
(Image Omitted)
“CH Cross”
3,731,397
12/29/2009
009: Eyewear, namely, eyeglasses, sunglasses, eyeglass cases and sunglass cases
(Image Omitted)
“CH Scroll”
4,658,582
12/23/2014
009: Phone accessories, namely, phone straps, pouches specially adapted for holding phones, phone cases, charms for phones, tablet cases, and laptop cases.
(Image Omitted)
“CH Plus”
3,731,400
12/29/2009
009: Eyewear, namely, eyeglasses, sunglasses, eyeglass cases and sunglass cases
(Image Omitted)
“Cemetery Patch”
4,616,169
10/07/2014
009: Eyewear, namely, eyeglasses, sunglasses, eyeglass cases and sunglass cases
Chrome Hearts' Mark
U.S. Reg. No.
Reg. Date
Goods/Services
(Image Omitted) “CH Horseshoe Plus”
4,648,016
12/2/2014
009: Phone accessories, namely, phone straps, pouches specially adapted for holding phones, phone cases, charms for phones, tablet cases, and laptop cases.
(Image Omitted) “CH Old English Mark”
5,186,592
4/18/2017
009: Eyewear, namely, eyeglasses, sunglasses, their parts and cases; Phone accessories, namely, phone straps, pouches specially adapted for holding phones, phone cases, charms for phones, tablet cases and laptop cases; Pre-recorded CDs and DVDs in the field of music
(Image Omitted) “Cemetery Design”
3,385,415 3,385,416
2/19/2008 2/19/2008
014 025