Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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. Zipper Clothing

June 21, 2012

SWEET PEOPLE APPAREL, INC. D/B/A MISS ME, A CALIFORNIA CORPORATION AND DEODAR BRANDS, LLC D/B/A MEK DENIM, A CALIFORNIA LIMITED LIABILITY COMPANY. PLAINTIFFS,
v.
ZIPPER CLOTHING, A BUSINESS ENTITY OF UNKNOWN STATUS, ZIPPER AND DENIM, A BUSINESS ENTITY OF UNKNOWN STATUS, INY TRADING, INC., A CALIFORNIA CORPORATION, AND JOHN DOES 1-10. DEFENDANT.



The opinion of the court was delivered by: Hon. Otis D. Wright, II

JOHN C. ULIN (State Bar No. 165524) John.Ulin@aporter.com JAMES S. BLACKBURN (State Bar No. 169134) James.Blackburn@aporter.com ERIC D. MASON (State Bar No. 259233) Eric.Mason@aporter.com ARNOLD & PORTER LLP 777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844 Telephone: (213) 243-4000 Facsimile: (213) 243-4199 Attorneys for Plaintiffs

JS-6

JUDGMENT

Hrg. Date: N/A Hrg. Time: N/A Courtroom 11: 11 - Spring Street Judge: Otis D. Wright, II

JUDGMENT AND ORDER

WHEREAS the Plaintiffs in this action are Sweet People Apparel, Inc. d/b/a MISS ME ("Sweet People") and Deodar Brands, LLC d/b/a MEK Denim ("MEK Denim"); and

WHEREAS the Defendants in this action are Zipper Clothing, Zipper and Denim (collectively the "Zipper Defendants"), INY Trading, Inc. (the Zipper Defendants and INY Trading, Inc. being collectively referred to as the "Defaulting Defendants"), and John Does 1-10 (the "Doe Defendants"); 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); JP5117 Cross Wing Design (U.S. Copyright Registration No. VA 1-740-392); JP5335 Ivy Cross Design (U.S. Copyright Registration No. VA 1-786-494); and the Wide M Design (U.S. Copyright Registration No. VA 1-733-503) (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 certain registered and unregistered trademarks, including for its FABRIC CUT OUT DESIGN Trademark (U.S. Trademark Registration No. 4,065,486); WIDE M DESIGN Trademark (U.S. Trademark Reg. No. 4,039,9380); and WING DESIGN Trademark (such trademarked designs being collectively referred to as the "Sweet People Trademarked Designs"), copies of the aforesaid registration certificates, and photographs of representative examples of Sweet People jeanswear products bearing the Sweet People Trademarked Designs, being attached hereto as Exhibit B and incorporated herein by reference; and

WHEREAS Mek Denim is the owner of its M DESIGN Trademark (U.S. Trademark Registration No. 3,613,153), a copy of the registration certificate, and a photograph of a representative example of a MEK Denim jeanswear product bearing the M DESIGN Trademark, being attached hereto as Exhibit C and incorporated herein by reference; and

WHEREAS, on March 29, 2012, Plaintiffs filed a Complaint against the Defaulting Defendants alleging that the Defaulting Defendants 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, the Sweet People Trademarked Designs and MEK Denim's M DESIGN Trademark (Dkt. No. 1); and

WHEREAS the Defaulting Defendants were duly served with the Complaint on March 30, 2012 (Dkt. Nos. 14-17); and

WHEREAS all Defaulting Defendants failed to plead or otherwise defend, and the legal time for pleading or otherwise defending having expired, a Certificate of Default was executed by the Clerk on April 25, 2012 (Dkt. No. 21); and

WHEREAS on May 7, 2012, Plaintiffs filed a Motion for Default Judgment against the Defaulting ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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