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Tiffany (Nj), LLC, A Delaware Limited Liability Company v. Miki Boutique

January 18, 2012

TIFFANY (NJ), LLC, A DELAWARE LIMITED LIABILITY COMPANY,
PLAINTIFF,
v.
MIKI BOUTIQUE, INC., A DISSOLVED CALIFORNIA CORPORATION, AND MEI NG, AN INDIVIDUAL, INDIVIDUALLY AND JOINTLY, D/B/A YUKI BOUTIQUE AND DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge

STIPULATED PERMANENT INJUNCTION

Plaintiff, Tiffany (NJ), LLC ("Tiffany") and Defendants, Miki Boutique, Inc., a dissolved California corporation, and Mei Ng, an individual, individually and jointly, d/b/a Yuki Boutique (collectively the "Defendants") stipulate and consent to the following:

WHEREAS, the Defendants allegedly adopted and began using trademarks in the United States which allegedly infringe and dilute the distinctive quality of Tiffany's various registered trademarks: , , TIFFANY & CO., and TIFFANY (collectively the "Tiffany Marks") as identified in Paragraph 7 of Tiffany's Complaint;

WHEREAS, without the admission of any liability, the parties desire to settle and have amicably resolved their dispute to each of their satisfaction; and

WHEREAS, based upon Tiffany's good faith prior use of the Tiffany Marks, Tiffany has superior and exclusive rights in and to the Tiffany Marks in the United States and any confusingly similar names or marks.

IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:

1. The Defendants and their respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and enjoined from intentionally and/or knowingly:

A. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing the Tiffany Marks;

B. using the Tiffany Marks in connection with the sale of any unauthorized goods;

C. using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiff;

D. falsely representing the Defendants as being connected with the Plaintiff, through sponsorship or association,

E. engaging in any act which is likely to falsely cause members of the trade and/or of the purchasing public to believe any goods or services of the Defendants, are in any way endorsed by, approved by, and/or associated with the Plaintiff;

F. using any reproduction, counterfeit, copy, or colorable imitation of the Tiffany Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by the Defendants, including, without limitation, bracelets, necklaces, earrings, and rings;

G. affixing, applying, annexing or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent the Defendants' goods as being ...


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