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Coach, Inc., A Maryland Corporation v. Hollywood Too

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 16, 2012

COACH, INC., A MARYLAND CORPORATION;
COACH SERVICES, INC., A MARYLAND CORPORATION, PLAINTIFFS,
v.
HOLLYWOOD TOO, L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY;
KATY CHAN, AN INDIVIDUAL;
D D E G, INC., A CALIFORNIA CORPORATION DBA BARGAINS OF CHINATOWN;
DON DOMINIC GABRIEL, AN INDIVIDUAL;
RED LANTERN GIFT SHOP, AN UNKNOWN BUSINESS ENTITY;
FASHION BAGS & GIFTS, AN UNKNOWN BUSINESS ENTITY; ELAINE ZHU, AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE,
DEFENDANTS.

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, display, shipping, marketing of Infringing 9

(d) Committing any other acts calculated to cause purchasers to believe

11 that Defendant's products are Coach's genuine merchandise unless they are such; 12

13 transferring or otherwise moving, storing or disposing of in any manner items falsely 14 bearing the Coach Marks, or any reproduction, counterfeit, copy or colorable imitation 15 thereof; and 16

17 entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to 18

5. Without any admission of liability, the parties have entered into a Settlement Agreement in which Defendants are required to make payments over a 21 period of time. Once Defendants have made all settlement payments, Plaintiff will file 22 another Stipulation to Consent Judgment which dissolves this action with prejudice. 23

However, until then, this action shall be resolved without prejudice. Plaintiff is 24 permitted to re-open this matter if Defendants fail to comply with the terms of the 25 parties' agreement.

27 parties hereto. 28 29 (b) Passing off, inducing or enabling others to sell or pass off any (c) Leasing space to any tenant who is engaged in the manufacturing, Products; 10 (e) Shipping, delivering, holding for sale, distributing, returning, (f) Assisting, aiding or attempting to assist or aid any other person or 4(e) above.

6. The execution of this Final Judgment shall serve to bind and obligate the 7. The jurisdiction of this Court is retained for the purpose of making any 2 further orders necessary or proper for the construction or modification of this Final 3 Judgment, the enforcement thereof and the punishment of any violations thereof. 4 5

IT IS SO ORDERED.

DATED: _____________, 2012

20120816

© 1992-2012 VersusLaw Inc.



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