The opinion of the court was delivered by: Gary A. Feess United States District Judge
FINAL JUDGMENT AND PERMANENT INJUNCTION UPON CONSENT
Plaintiff Rolex Watch U.S.A., Inc. ("Rolex") and Graig Lewis and Tina Lewis a/k/a Cipriana Lewis, both individually and d/b/a "Q.I. 24/7 Inc.", "Q.I. Fashion", www.hiphopkickz.com and www.qi247inc.com (hereinafter collectively referred to as "Defendants"), having agreed that a Final Judgment and Permanent Injunction Upon Consent (hereinafter referred to as "Final Judgment") should be entered between them and good cause appearing therefore:
1. Rolex having asserted this action for trademark counterfeiting, 15 U.S.C. § 1114; trademark infringement, 15 U.S.C. § 1114; false designation of origin and false description, 15 U.S.C. § 1125(a); Federal trademark dilution, 15 U.S.C. § 1125(c); unfair competition, false designation of origin and false description; 15 U.S.C. § 1125(a); and common law unfair competition. This Court has jurisdiction over the subject matter of this claim pursuant to 15 U.S.C. § 1121, 28 U.S.C. §§ 1331 and 1338 and 28 U.S.C. § 1367. The Court further has continuing jurisdiction to enforce the terms and provision of this Final Judgment.
2. Rolex is a corporation duly organized and existing under the laws of the State of New York, having an office and principal place of business at 665 Fifth Avenue, New York, NY 10022.
3. Defendants are residents of the State of California residing at 247 East 88th Place, Los Angeles, CA 90003.
4. Defendants are the registrants, the owners and operators and the controlling forces behind www.hiphopkickz.com and www.qi247inc.com (the "Websites").
5. Defendants have knowing and willfully offered for sale and has sold watches bearing counterfeits and infringements of Rolex's trademarks on the Websites and on the Internet.
6. Rolex is the exclusive distributor and warrantor in the United States of Rolex watches, all of which bear one or more of Rolex's trademarks described below. Rolex watches are identified by the trade name and trademark ROLEX and one or more of Rolex's trademarks.
7. Rolex is responsible for assembling, finishing, marketing and selling in interstate commerce high quality Rolex watches, watch bracelets and related products for men and women.
8. Rolex owns numerous trademarks, including, but not limited to, the trademarks and trade names CROWN DEVICE (design), DATEJUST, DAY-DATE, DAYTONA, EXPLORER II, GMT-MASTER, GMT-MASTER II, OYSTER, OYSTER PERPETUAL, PRESIDENT, ROLEX, ROLEX DAYTONA, SEA-DWELLER, SUBMARINER, and TURN-O-GRAPH on and in connection with watches, watch bracelets and related products.
9. Rolex is the owner of, including but not limited to, the following federal trademark registration in the U.S. Patent and Trademark Office: Trademark Reg. No. Reg. Date Goods 657,756 1/28/58 Timepieces of all kinds and parts thereof.
DATE JUST 674,177 2/17/59 Timepieces and parts thereof.
Trademark Reg. No. Reg. Date Goods DAY-DATE 831,652 7/4/67 Wrist watches.
DAYTONA 2,331,145 3/21/00 Watches.
EXPLORER II 2,445,357 4/24/01 Watches.
GMT-MASTER 683,249 8/11/59 Watches.
GMT-MASTER II 2,985,308 8/16/05 Watches and parts thereof.
OYSTER 239,383 3/6/28 Watches, movements, cases, dials, and other parts of watches.
OYSTER PERPETUAL 1,105,602 11/7/78 Watches and parts thereof. PRESIDENT 520,309 1/24/50 Wristbands and bracelets for watches made wholly or in part or plated with precious metals, sold separately from watches.
ROLEX 101,819 1/12/15 Watches, clocks, parts of watches and ...