The opinion of the court was delivered by: Hon. Ronald M. Whyte United States District Judge
ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS HOLLYWOOD TOO, LLC AND KATY CHAN WITHOUT PREJUDICE
WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. ("Coach") and Defendants Hollywood Too, LLC and Katy Chan (collectively "Defendants") have 24 entered into a Settlement Agreement and Mutual Release as to the claims in the above 25 referenced matter. Defendants, having agreed to consent to the below terms, it is 26 hereby ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 27
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 composite trademarks and assorted design components ("Coach Marks"). Amongst 3 the many Coach Marks, one of the most well-known and recognized marks is Coach's 4 Signature "C" Mark (see below). Coach has used the Signature "C" Mark in 5 association with the sale of goods since as early as 2001. The Signature "C" Mark was 6 first registered at the U.S. Patent and Trademark Office on September 24, 2002. 7 Nos. 2,592,963; 2,626,565; and 2,822,318 9 10 11
3. Plaintiffs have alleged that Defendants' importation, distribution,
2. Coach is the worldwide owner of the trademark "COACH" and various Registrations for the Signature "C" Mark include, but are not limited to, U.S. Reg. 8 12 advertisement, offering for sale, and sale of products which infringe upon Coach's 13
Signature "C" Mark constitute trademark infringement and unfair competition under 14 the Lanham Trademark Act, 15 U.S.C. § 1051, et. seq. and under the common law. 15 16 concert and participation with them who receive actual notice of this Final Judgment 17 are hereby permanently restrained and enjoined from infringing upon the Coach 18
Marks, include either directly or contributorily, in any manner, including generally, but 19 not limited to manufacturing, importing, distributing, advertising, selling and/or 20 offering for sale any unauthorized product bearing the Signature "C" Mark, or marks 21 confusingly similar or substantially similar to Coach's Signature "C" Mark, and, 22 specifically from: 23
24 counterfeit, copy or colorable imitation thereof in connection with the manufacture, 25 importation, distribution, advertisement, offer for sale and/or sale of merchandise 26 comprising not the genuine products of Coach, or in any manner likely to cause others 27 28 29
4. Defendants and their agents, servants, employees and all persons in active
(a) Using Coach's Signature "C" Mark or any reproduction,
to believe that Defendant's products are connected with Coach or Coach's genuine 2 merchandise; 3
4 products or other items that are not Coach's genuine merchandise as and for Coach's 5 genuine merchandise; 6
7 purchasing, production, distribution, circulation, sale, offering for sale, importation, 8 exportation, advertisement, promotion, ...