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Forever 21, Inc. v. Ultimate Offprice

August 18, 2010

FOREVER 21, INC., A DELAWARE CORPORATION, PLAINTIFF,
v.
ULTIMATE OFFPRICE, INC., A CALIFORNIA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Honorable Otis D. Wright II United States District Judge

PRELIMINARY INJUNCTION ORDER

Complaint filed: July 23, 2010

Having reviewed the Stipulation to Issuance of Preliminary Injunction entered into between Plaintiff Forever 21, Inc. ("Forever 21") and Defendant Ultimate OffPrice, Inc., ("Ultimate OffPrice"), and good cause appearing, the Court hereby finds as follows.

1. WHEREAS Forever 21 is the owner of numerous trademarks which it uses in connection with the manufacture, distribution, sale and promotion of a wide range of products, including clothing and accessories. Forever 21 owns all rights in and to a family of Forever 21 federally registered trademarks which include the following, among others (collectively, "FOREVER 21 Registered Marks"):

Trademark Reg. No. Reg. Date

FOREVER 21 2,583,457 June 18, 2002 FOREVER 21 2,836,546 April 27, 2004 FOREVER 21 2,913,132 December 21, 2004 FOREVER 21 2,067,637 June 3, 1997 XXI 2,873,174 August 17, 2004 XXI 2,914,810 December 28, 2004 XXI 2,842,184 May 18, 2004 HERITAGE 1981 3,447,097 June 10, 2008 FORLOVE21 3,140,565 September 5, 2006 FORLOVE21 3,140,561 September 5, 2006 LOVE & BEAUTY 3,794,963 May 25, 2010 LOVE 21 3,775,903 April 13, 2010 TWELVE BY TWELVE 3,518,050 October 14, 2008 FOREVER STATIONERY 3,689,946 September 29, 2009 FOREVER XXI 2,889,536 September 28, 2004 FOREVER XXI 2,940,346 April 12, 2005 FASHION 21 2,848,238 June 1, 2004

2. WHEREAS Forever 21 also owns all rights in and to a family of Forever 21 common law trademarks which include the following (collectively, "FOREVER 21 Common Law Marks"):

Trademark

TWENTY ONE and Bird Design XXI and Bird Design 21 I ♥ H81 F21 HTG81 FAITH 21 I LOVE H81

2.1 DENIM LIFE IN PROGRESS JOY21 PEACE 21

21 MEN TWENTY-ONE MEN SOPHIE & ME CEREAL

3. WHEREAS on July 23, 2010, Forever 21 filed its Complaint in this Civil Action No. CV10-5485 ODW (JCGx) against Ultimate OffPrice, alleging causes of action under § 32(1) of the Lanham Act (15 U.S.C. § 1114(1)) for infringement of

All of Forever 21's trademarks including the FOREVER 21 Registered Marks and the FOREVER 21 Common Law Marks are referred to collectively herein as "the FOREVER 21 Marks."

federally registered trademarks, under § 43(c) of the Lanham Act (15 U.S.C. 1125(c)) and California Business & Professions Code § 14247 for dilution of federally registered and common law trademarks, under § 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) for unfair competition, and under the statutory and common law of the State of California to enjoin Ultimate OffPrice's current and prospective infringement and ...


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