IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
February 29, 2008
DIANE VON FURSTENBERG STUDIO, L.P., PLAINTIFF,
HAIHONG SUN D/B/A FASHION-INN, DAVID SUN D/B/A FASHION-INN, JOHN DOES 1-15, AND XYZ CORPS. 1-15 DEFENDANTS.
The opinion of the court was delivered by: Hon. Patricia V. Trumbull Jeremy Fogel United States Magistrate Judge District
STIPULATED PERMANENT INJUNCTION AND JUDGMENT AND [PROPOSED] ORDER
Plaintiff DIANE VON FURSTENBERG STUDIO, ("Plaintiff"), and Defendants HAIHONG SUN D/B/A FASHION-INN, DAVID SUN D/B/A FASHION-INN ("Defendants"), hereby submit this Stipulated Permanent Injunction and Judgment and [Proposed] Order as to Defendants.
DATE: February 5, 2008 GREENBERG TRAURIG, LLP By: /s/ Karen Rosenthal
Karen Rosenthal Attorneys for Plaintiff,
Diane von Furstenberg Studio, L.P. DATE: February 3, 2008
Plaintiff DIANE VON FURSTENBERG STUDIO, L.P. ("DVF" or "Plaintiff") having commenced this action for an injunction and other relief against Defendants HAIHONG SUN D/B/A Lanham Act (15 U.S.C. § 1051 et seq.), as amended by the Trademark Counterfeiting Act of 1984, FASHION-INN, DAVID SUN D/B/A FASHION-INN, (collectively, "Defendants"), pursuant to the Public Law 98-473 (the "Lanham Act"), and under the laws of the State of California, for trademark counterfeiting, trademark infringement, trademark dilution, unfair competition and false designation of origin, unjust enrichment, and misappropriation for the reason that the Defendants are alleged to be engaged in manufacturing, importing, exporting, marketing, advertising, distributing, offering for sale and/or selling goods ("Counterfeit Products") bearing counterfeit reproductions of Plaintiff's federally registered trademarks and trade names as defined in Plaintiff's Complaint (collectively, "Plaintiff's Defendants having entered into a Settlement Agreement with Plaintiff and having stipulated to entry of this Permanent Injunction and Judgment; and Stipulated Permanent Injunction and Judgment,
IT IS HEREBY ORDERED that Defendants, their officers, agents, servants, employees, attorneys, confederates, and any other persons acting for, with, by, through, under, or in active concert or participation with them, are permanently enjoined and restrained from:
(a) Using Plaintiff's Trademarks or any reproduction, counterfeit, copy, or colorable imitation of Plaintiff's Trademarks, alone or in combination with any word or words that so resemble each said trademark as to be likely to cause confusion, deception, or mistake, on or in connection with the import, export, manufacture, distribution, advertisement, promotion, offer for sale and/or sale of products which are not genuine products of Plaintiff, or in any manner likely to cause others to believe that Defendants' or another's products are connected with Plaintiff or Plaintiff's genuine products bearing Plaintiff's Trademarks; and Plaintiff's genuine merchandise as and for genuine products of Plaintiff; and Trademarks"; and Plaintiff and Defendants, having indicated above their consent to the form an entry of this
(b) Passing off, inducing or enabling others to sell or pass off any products that are not
(c) Committing any other acts calculated to cause purchasers or prospective purchasers to believe that Defendants' or another's products are Plaintiff's genuine merchandise unless they are such; and
(d) Manufacturing or arranging the manufacture of, importing, exporting, shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing, or disposing of, in any manner, any labels, dresses or other items falsely bearing Plaintiff's Trademarks, logos or trade names or any reproduction, counterfeit, copy, or colorable imitation of same; and
(e) Making any representations, orally or in writing, to any member or segment of the public, that they are authorized, licensed or otherwise permitted by Plaintiff to manufacture, export, import, ship, deliver, distribute, offer for sale and/or sell Plaintiff's products unless they are such; and
(f) Assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in the above subparagraphs (a) through (e).
IT IS FURTHER ORDERED that Defendants, through their signatures above, and counsel for the Plaintiff may indicate the parties' consent to the terms of the Stipulated Permanent Injunction and Judgment by signing multiple counterparts, and that a faxed signature shall be deemed an original signature; and
IT IS FINALLY ORDERED that this Court has jurisdiction over the parties, and the subject matter of this action. This Court shall retain jurisdiction to the extent necessary to enforce this Permanent Injunction and Judgment and the Settlement Agreement between the parties, which is hereby made a part hereof and incorporated by reference, and to determine any issues that may arise under either.
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