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Wrangler Apparel Corp., A Delaware Corporation v. National Stores

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


December 5, 2011

WRANGLER APPAREL CORP., A DELAWARE CORPORATION, PLAINTIFF,
v.
NATIONAL STORES, INC., A CALIFORNIA CORPORATION, D/B/A FALLAS PAREDES; SCAASIS ORIGINALS, INC., A NEW JERSEY CORPORATION, D/B/A OCEANIC TRADING COMPANY; TOP MODE FABRICS, INC. D/B/A VISION QUEST TRADING CO., A NEW YORK CORPORATION, DAVID KIM, AN INDIVIDUAL, DAE H. KIM, AN INDIVIDUAL, AND DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Manuel L. Real United States District Judge

PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT AS TO DEFENDANTS NATIONAL STORES, INC., d/b/a FALLAS PAREDES, and SCAASIS ORIGINALS, INC., d/b/a OCEANIC TRADING COMPANY

Plaintiff Wrangler Apparel Corp. ("Plaintiff"), having commenced this action for an injunction and other relief against, inter alia, Defendants Scaasis Originals, Inc. and National Stores, Inc. ("Settling Defendants") pursuant to the Lanham Act, 15 U.S.C. §1051, et seq., as amended by the Trademark Counterfeiting Act of 1984, Public Law 98-473, and under the laws of the State of California, for the reason that Settling Defendants are alleged to be engaged in manufacturing, importing, distributing, offering for sale and/or selling, among other things, products that bear counterfeits and/or imitations of the following trademarks belonging to Plaintiff:

Trademark Reg. No. Reg._Date Class

WRANGLER 849,477 May 21, 1968 25 WRANGLER [Kabel] 1,075,094 October 11, 1977 25

WRANGLER [rope] 809,323 May 31, 1966 25

WRANGLER [rope 2] 3,756,119 March 2, 2010 25

COWBOY CUT 3,400,937 March 25, 2008 25 SILVER EDITION 3,334,429 November 13, 2007 25 13MWZ 1,819,976 February 8, 1994 25 Design only [patch] 2,361,033 June 27, 2000 25

Design only [W-stitch] 634,868 September 25, 1956 25

WRANGLER and design 3,807,497 June 22, 2010 25 [rope patch] (collectively "Plaintiff's Trademarks"); and Settling Defendants, having entered into a Settlement Agreement with Plaintiff and having stipulated to entry of a Permanent Injunction and Final Judgment; and so The parties, having indicated below their consent to the form and entry of this Permanent Injunction and Final Judgment on Consent.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

Settling Defendants, their agents, servants, employees, representatives, confederates, affiliates and any other persons or entities acting in concert or participation with them, are permanently enjoined and restrained from:

i) using in any manner Plaintiff's Trademarks, or any copies or versions thereof, that are likely to cause confusion, deception, or mistake on or in connection with the advertising, offering for sale, or sale of any product that is Plaintiff's product, or not authorized by Plaintiff to be sold in connection with Plaintiff's Trademarks;

ii) passing off, reverse passing off, inducing, or enabling others to sell or pass off any product as and for products produced by Plaintiff or its licensees, that are not (i) produced by Plaintiff, (ii) produced under the control and supervision of Plaintiff, or (iii) approved by Plaintiff for sale under the Plaintiff's Trademarks;

iii) committing any acts calculated to cause purchasers to believe that Settling Defendants' products are sold under the control and supervision of Plaintiff, or sponsored or approved by, or connected with, or guaranteed by, or produced under the control and supervision of Plaintiff, unless they are such;

iv) manufacturing, importing, exporting, shipping, delivering, distributing, advertising, printing labels, offering for sale, selling and/or otherwise moving or disposing of products, inventory or parts, including but not limited to tags, hang-tags, rivets, buttons, labels, any other accompaniments, not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear Plaintiff's Trademarks;

v) diluting and/or infringing all of Plaintiff's Trademarks and damaging Plaintiff's goodwill and reputation;

vi) otherwise competing unfairly with Plaintiff, through the advertising, offering for sale, or sale of any product infringing Plaintiff's Trademarks in any manner; and

vii) from assisting any other party in committing the acts referred to in the above subparagraphs (i) through (vii).

AND IT IS FURTHER ORDERED, that this Court has jurisdiction over the parties, and the subject matter of the action. This Court shall retain jurisdiction to the extent necessary to enforce this Injunction and the Settlement Agreement between the parties, and to determine any issues that may arise under either.

SO ORDERED

By: Manuel L. Real UNITED STATES DISTRICT JUDGE

20111205

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