The opinion of the court was delivered by: Hon. Percy Anderson United States District Judge
ORDER GRANTING CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE
WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. ("Coach") and Defendants Jay-Y Enterprise Co., Inc. and James Chen (collectively "Defendants") have entered into a Settlement Agreement and Mutual Release as to the claims in the above referenced matter. Defendants, having agreed to consent to the below terms, it is hereby:
ORDERED, ADJUDGED, and DECREED as among the parties hereto that:
1. This Court has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.
2. Coach is the worldwide owner of the trademark "COACH" and various composite trademarks and assorted design components (collectively "Coach Marks").
Amongst the many Coach Marks, one of the most well-known and recognized marks is Coach's Signature "C" Mark (see below). Coach has used the Signature "C" Mark in association with the sale of goods since as early as 2001. The Signature "C" Mark was first registered at the U.S. Patent and Trademark Office on September 24, 2002. Registrations for the Signature "C" Mark include, but are not limited to, U.S. Reg.
Nos. 2,832,589; 3,695,290; and 2,534,429
3. Chrome Hearts, LLC is the owner of the word/mark "Chrome Hearts" and various composite trademarks comprising the Chrome Hearts mark and assorted design components (hereinafter collectively the "Chrome Hearts Marks"). Amongst the Chrome Hearts Marks, the CH Plus Mark (which include but are not limited to U.S. Trademark Reg. Nos. 3,731,400; 3,365,408; 3,385,449; and 3,388, 911) is one of the most well recognized and serve as instant source identifier for Chrome Hearts' products. The CH Plus Mark is also registered with the U.S. Copyright Office (U.S. Copyright Reg. No. VA 705-233)
4. Plaintiffs have alleged that Defendants' importation, distribution, advertisement, offering for sale, and sale of products which infringe upon Coach's Signature "C" Mark and Chrome Hearts' CH Plus Mark constitute trademark infringement, trademark dilution, copyright infringement, and unfair competition under the Lanham Trademark Act, the Copyright Act, and under the common law.
5. Defendants and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon Coach's Signature "C" Mark and Chrome Hearts' CH Plus Mark ("Plaintiffs' Respective Marks") either directly or contributorily in any manner, including:
(a) manufacturing, importing, distributing, advertising, selling and/or offering for sale any products bearing the marks/designs depicted on the eyewear (regardless of colors) shown below and/or any products bearing Plaintiffs' Respective Marks, or marks confusingly similar or substantially similar thereto ("Accused Products");
(b) Using Plaintiffs' Respective Marks or any reproduction, counterfeit, copy or colorable imitation thereof in connection with the manufacture, importation, distribution, advertisement, offer for sale and/or sale of merchandise comprising not the genuine products of Plaintiffs, or in any manner likely to cause others to believe that Defendants' products are connected with Plaintiffs or Plaintiffs' genuine merchandise;
(c) Shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing or disposing of in any manner Infringing Products except as provided under the parties Settlement Agreement;
(d) Manufacturing, importing, purchasing, producing, distributing, circulating, selling, offering for sale, importing, exporting, advertising, promoting, displaying, shipping or marketing goods bearing a mark or feature identical and/or confusingly similar to Plaintiffs' ...