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H. Nation, Inc. v. Pepe Jeans London

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


January 12, 2009

H. NATION, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
PEPE JEANS LONDON, A DELAWARE LIMITED LIABILITY COMPANY, AND JEAN DESIGN LTD., A NEW YORK CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Hon. George H. King United States District Judge

[PROPOSED] JUDGMENT

Whereas Plaintiff H. Nation, Inc. ( "Plaintiff"), and defendants Pepe Jeans London, LLC and Jean Design, Ltd. (collectively and individually "Defendants") have agreed to a stipulated judgment and a compromise and settlement of this Civil Action and all claims, defenses, and counterclaims that were or could have been brought in this Civil Action,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. Plaintiff shall take nothing by way of its Complaint, and all claims contained in the Complaint are hereby dismissed with prejudice;

2. The Court enters judgment in favor of Defendants on their Counterclaim and enters a permanent injunction as follows:

a. Except as set forth in subsection (b) below, Plaintiff and its owners, agents, employees, servants, representatives, successors and assigns and affiliates, and any and all persons acting in concert with them, are hereby permanently and perpetually enjoined and restrained from either directly or indirectly registering, using, selling, manufacturing, distributing, advertising, or otherwise offering or promoting any goods or services utilizing (i) a design of the letter "P" as applied to, inter alia, clothing, apparel, and footwear, shown as:

and as shown in, inter alia, United States Trademark Registration Nos. 2,137,767 2,167,993; and 2,924,771; and (ii) the stylized letter "P" portion of the mark represented in trademark application no. 77-374,213 filed by Mr. Percy Miller, including as shown as:

(individually and collectively, the "Enjoined Mark")

b. Notwithstanding the foregoing, Plaintiff may, until no later than January 31, 2009, sell through inventory of goods bearing the Enjoined Mark which existed in a final state of manufacture on or before November 1, 2008. The date for Plaintiff to cease selling through its existing inventory of such goods bearing the Enjoined Mark is a material term of this Judgment and is to be strictly enforced.

3. Except as agreed in the separate confidential Settlement Agreement among the parties, each party is responsible for their own attorneys' fees and costs.

4. Jurisdiction is retained by this Court for the purpose of ensuring compliance with the terms of this Permanent Injunction and Judgment on Consent and for enforcing the separate confidential Settlement Agreement among the parties and for enabling the parties to apply to this Court for further orders.

20090112

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