Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Sweet People Apparel, Inc. D/B/A Miss Me, A California Corporation and v. La Idol Fashion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


May 7, 2012

SWEET PEOPLE APPAREL, INC. D/B/A MISS ME, A CALIFORNIA CORPORATION AND RCRV, INC. D/B/A ROCK REVIVAL, A CALIFORNIA CORPORATION PLAINTIFFS,
v.
LA IDOL FASHION, INC., A CALIFORNIA CORPORATION DEFENDANT.

The opinion of the court was delivered by: Stephen V. Wilson United States District Judge

#:6074

[PROPOSED] PERMANENT INJUNCTION ORDER

WHEREAS, the Plaintiffs in this action are Sweet People Apparel, Inc. d/b/a Miss Me ("Sweet People"), and RCRV, Inc. d/b/a Rock Revival ("RCRV"); and WHEREAS, the Defendant in this action is LA Idol Fashion, Inc. ("LA Idol"); and WHEREAS, Sweet People is the owner of U.S. copyright registrations for certain designs it uses on and in connection with its MISS ME line of jeanswear products, including a Wing Design (U.S. Copyright Registration No. VA 1-733-502 and Supplementary Registration No. 1-432-644); Fleur de Lis Design (U.S. Copyright Registration No. VA 1-418-846); Sparkle Cross Design (U.S. Copyright Registration No. VA 1-716-852); Beaded Cross Design (U.S. Copyright Registration No. VA 1-741-621); JP5117 Cross Wing Design (U.S. Copyright Registration No. VA 1-740-392); JP5095 Wing Cross Design (U.S. Copyright Registration No. VA 1-739-882); and the Cross Roads Design (U.S. Copyright Registration No. VA 1-785-057) (such copyrighted designs being collectively referred to as the "Sweet People Copyrighted Designs"), copies of the aforesaid registration certificates, and photographs of representative examples of Sweet People jeanswear products bearing the Sweet People Copyrighted Designs, being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, Sweet People is the owner of a U.S. trademark registration for its FABRIC CUT OUT DESIGN Trademark (U.S. Trademark Registration No. 4,065,486), a copy of the registration certificate, and a photograph of a representative example of a Sweet People jeanswear product bearing the FABRIC CUT OUT DESIGN Trademark, being attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, RCRV is the owner of a U.S. trademark registration for its INVERTED FLEUR DE LIS DESIGN Trademark (U.S. Trademark Registration No. 3,581,968), a copy of the registration certificate, and a photograph of a representative example of an RCRV jeanswear product bearing the INVERTED FLEUR DE LIS DESIGN Trademark, being attached hereto as Exhibit C and incorporated herein by reference; and

WHEREAS, on September 16, 2011, Plaintiffs Sweet People and RCRV filed an Amended Complaint (Dkt. No. 9) alleging that LA Idol created, designed, purchased, imported, distributed, offered for sale and/or sold certain jeanswear products bearing designs that infringe their rights in and to the Sweet People Copyrighted Designs, Sweet People's FABRIC CUT OUT DESIGN Trademark and RCRV's INVERTED FLEUR DE LIS DESIGN Trademark; and

WHEREAS, following a jury trial held before the Honorable Stephen V. Wilson, on April 12, 2012, the jury reached a unanimous verdict (Dkt. No. 206) finding that LA Idol had created, designed, purchased, imported, distributed, offered for sale and/or sold certain jeanswear products bearing designs that willfully infringed the Sweet People Copyrighted Designs, Sweet People's FABRIC CUT OUT DESIGN Trademark and RCRV's INVERTED FLEUR DE LIS DESIGN Trademark, including the jeanswear products depicted in the attached Exhibits D, E and F (collectively, the "Infringing Products"), such Infringing Products bearing, among other style numbers, LA Idol style numbers 003; 020; 048; 063; 085; 160; 226; 229; 373; 382; 420; 530; 753; 783; 894; 984; 1027; 1029; and 1419; and

WHEREAS, pursuant to the jury verdict, Plaintiffs Sweet People and RCRV are entitled to the issuance of a Permanent Injunction, as follows:

IT IS HEREBY ORDERED THAT, LA Idol, its respective subsidiaries, affiliates, divisions, officers, directors, principals, servants, employees, successors and assigns, including its President, Nancy Yih, and all those in active concert or participation with it, or under its direct or indirect control, including manufacturers, suppliers, distributors and retailers of any Infringing Products, or any other products bearing designs substantially similar in appearance to the Sweet People Copyrighted Designs, or confusingly similar in appearance to Sweet People's FABRIC CUT OUT DESIGN Trademark and/or RCRV's INVERTED FLEUR-DE-LIS DESIGN

Trademark (collectively, the "Infringing Designs"), who receive notice of this Order, are hereby enjoined, restrained and prohibited from:

1. Copying, imitating, or making any unauthorized use of the Sweet People Copyrighted Designs, including any use in violation of Sweet People's exclusive rights in the Sweet People Copyrighted Designs as set forth in 17 U.S.C. § 106.

2. Copying, imitating, or making any unauthorized use of Sweet People's FABRIC CUT OUT DESIGN Trademark and/or RCRV's INVERTED FLEUR-DELIS DESIGN Trademark.

3. Manufacturing, importing, distributing, marketing, advertising, offering for sale and/or selling any product bearing an Infringing Design, including, without limitation, any of the Infringing Products.

4. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Permanent Injunction by way of contempt motion or otherwise.

5. The Bond issued on October 13, 2011 (Dkt. No. 32) in connection with the Court's October 24, 2011 Preliminary Injunction Order (Dkt. No. 43) shall be immediately and permanently dissolved.

IT IS SO ORDERED.

DATED:

Submitted By: ARNOLD & PORTER LLP JAMES S. BLACKBURN (State Bar No. 169134) James.Blackburn@aporter.com 777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844 Telephone: (213) 243-4000 Facsimile: (213) 243-4199 By: s/ James Blackburn

James Blackburn

EXHIBIT A

20120507

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.