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Coach, Inc., A Maryland Corporation v. Heim Distribution

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 16, 2011

COACH, INC., A MARYLAND CORPORATION;
COACH SERVICES, INC., A MARYLAND CORPORATION, PLAINTIFFS,
v.
HEIM DISTRIBUTION, INC., A CALIFORNIA CORPORATION DBA CENTRAL DISTRIBUTION, INC.; YOON S. CHUNG, AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. R. Gary Klausner United States District Judge

JS-6 NOTE: CHANGES MADE BY THE COURT

[PROPOSED] 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 Heim Distribution, Inc. dba Central Distribution, Inc. and Yoon S. Chung (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. FOR PURPOSES OF THIS ACTION, Coach is the worldwide owner of the trademark "COACH" and various composite trademarks and assorted design components (collectively "Coach Marks"). Coach Marks include but are not limited to the following marks

Mark U.S. Registration No(s). Registration Date

"COACH" 751, 493

06/25/1963 08/09/1977 08/19/1997 10/17/2006 3,413,536 04/15/2008

1,071,000

2,088,706

3,157,972

3,251,315 06/12/2007

3,441,671 06/03/2008

2,252,847 2,534,429

06/15/1999 01/29/2002

1,309,779 2,045,676 2,169,808

12/18/1984 03/18/1997 06/30/1998

2,592,963 2,626,565 2,822,318 2,832,589 2,822,629 3,695,290

07/09/2002 09/24/2002 03/16/2004 04/13/2004 03/16/2004 10/13/2009

Signature "C" Logo

3,696,470 10/13/2009

Coach "Op Art" Mark

3,012,585 11/08/2005

3,338,048 11/11/2007

2,162,303 06/02/1998

2,088,707 08/19/1997

3. FOR PURPOSES OF THIS ACTION, in addition to its ownership of various trademark registrations to the Coach Marks, Coach has valid copyright registrations to many of the Coach Marks as well, including but not limited to the Coach Horse and Carriage Mark (U.S. Copyright Reg. No. VA0001714051 and U.S. Trademark Reg. No. 3,441,671)

4. Plaintiffs have alleged that Defendants' importation, distribution, advertisement, offering for sale, and sale of products which infringe upon one or more of the Coach Marks constitute trademark infringement, 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 the Coach Marks, include either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, advertising, selling and/or offering for sale any unauthorized product bearing the Coach Marks, or marks confusingly similar or substantially similar to the Coach Marks, and, specifically from:

(a) Using the Coach 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 Coach, or in any manner likely to cause others to believe that Defendants' products are connected with Coach or Coach's genuine merchandise;

(b) Passing off, inducing or enabling others to sell or pass off any products or other items that are not Coach's genuine merchandise as and for Coach's genuine merchandise;

(c) Leasing space to any tenant who is engaged in the manufacturing, purchasing, production, distribution, circulation, sale, offering for sale, importation, exportation, advertisement, promotion, display, shipping, marketing of Infringing Products;

(d) Committing any other acts calculated to cause purchasers to believe that Defendants' products are Coach's genuine merchandise unless they are such;

(e) Shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing or disposing of in any manner items falsely bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation thereof; and

(f) Assisting, aiding or attempting to assist or aid any other person or entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 4(e) above.

6. The parties have agreed that Defendants shall pay to Plaintiffs an amount in settlement of Plaintiffs' demand for damages, profits, costs, disbursements, and attorneys' fees based upon Defendants' alleged infringing activities. Plaintiffs and Defendants shall bear their own costs associated with this action.

7. The execution of this Final Judgment shall serve to bind and obligate the parties hereto.

8. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this Final Judgment, the enforcement thereof and the punishment of any violations thereof. Except as otherwise provided herein, this action is fully resolved with prejudice.

IT IS SO ORDERED.

20110816

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