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Forever , Inc., A Delaware Corporation v. Top Top Clothing

March 10, 2011

FOREVER , INC., A DELAWARE CORPORATION, PLAINTIFF,
v.
TOP TOP CLOTHING, INC., A CALIFORNIA CORPORATION, ALSO DOING BUSINESS AS YOSSI FASHION, TOP TOP JEANS, AND EVERYTHING $1 $2 $3; PRIMETIME CLOTHING, INC., A CALIFORNIA CORPORATION, ALSO DOING BUSINESS AS YOSSI FASHION, TOP TOP JEANS, AND EVERYTHING $1 $2 $3; DOES 1-10, INCLUSIVE, DEFENDANTS.



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

STIPULATED FINAL JUDGMENT FOR ISSUANCE OF PERMANENT INJUNCTION

US_ACTIVE-105013663

The Court, having considered all papers and pleadings on file in this action, including the parties' Stipulation for Re Settlement of Action and For Entry of Final Judgment of Permanent Injunction and [Proposed] Order Thereon, and having determined that the parties have stipulated to the entry of final judgment, and as to these stipulating parties:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

1. Defendant Top Top Clothing, Inc., also doing business as Yossi Fashion, Top Top Jeans and Everything $1 $2 $3, and all of its agents, employees, officers, representatives and all other persons and/or entities acting in concert or participation with Top Top Clothing, Inc. or at Top Top Clothing, Inc.'s direction, including, but not limited to (a) all persons associated with any wholesale or retail outlet in any form (brick and mortar, internet, etc.) in which Top Top and/or its President, Yosef Dangor, have any ownership interest; (b) all persons associated with any wholesale or retail outlet which is under the management or control of Top Top and/or its President, Yosef Dangor; and (c) all such wholesale and retail outlets, and each of them (hereinafter, individually and collectively, "Top Top"), are permanently enjoined from ever doing, attempting, or causing to be done, whether directly or indirectly, by any means, method, or device whatsoever, any of the following:

a. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising or promotion of any Forever 21 product, including, but not limited to, any Forever 21 clothing, unless such action is first authorized in writing by an officer, director or managing agent of Forever 21, Inc.;

b. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising or promotion of any product which infringes any Forever 21 copyright, any variants thereof and any designs that are substantially similar thereto;

c. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising or promotion of any product which infringes any Forever 21 trademark and/or trade name including, but not limited to, the Forever 21 trademarks identified in Exhibit 1 hereto, any non-genuine reproduction, counterfeit, copy, variant, colorable imitation, translation and/or simulation thereof, and/or any trademarks that are likely to be confusingly similar thereto;

d. The unauthorized use, in any manner whatsoever, of any Forever 21 trademark and/or trade name including, but not limited to, the Forever 21 trademarks identified in Exhibit 1, and/or any non-genuine reproduction, counterfeit, copy, variant, colorable imitation, translation and/or simulation thereof and/or use of any trademarks that are likely to be confusingly similar thereto, including specifically as follows:

(i) on or in conjunction with any unauthorized service or product including, but not limited to, any Forever 21 clothing; and

(ii) in, on or in conjunction with any unauthorized advertising, promotional materials, labels, hangtags, packaging, containers, websites or internet materials.

e. The import, export, making, manufacture, reproduction, assembly, acquisition, purchase, use, offer, sale, transfer, brokering, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising or promotion of any products originally manufactured on behalf of Forever 21 that once bore any of the Forever 21 Marks, even if those marks have been blacked out, cut out removed, or otherwise obliterated, unless (1) such activities have been first approved in writing by Forever 21 on its standard approval forms in conformity with its then current standard approval procedures; or (2) such activities have been authorized by Forever 21 pursuant to a written authorized reseller agreement between Forever 21 and Top Top signed by an officer, director or managing agent of each company.

f. Using any trademark or trade name that falsely represents, or is likely to confuse, mislead, or deceive purchasers, customer, or members of the public to believe that unauthorized products imported, exported, manufactured, reproduced, distributed, assembled, acquired, purchased, offered, sold, transferred, brokered, consigned, distributed, shipped, marketed, advertised and/or promoted by Defendants originate from Forever 21, or that said merchandise has been sponsored, approved, licensed by, or associated with Forever 21 or is, in some way, connected or affiliated with Forever 21.

g. Engaging in any conduct that falsely represents that, or is likely to confuse, mislead, or deceive purchasers, customers, or members of the public to believe that Defendants themselves are connected with, or are in some way sponsored by or affiliated with Forever 21, purchases ...


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