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Coach, Inc., A Maryland Corporation; Coach Services, Inc., A Maryland v. Kb Eyewear International

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 18, 2012

COACH, INC., A MARYLAND CORPORATION; COACH SERVICES, INC., A MARYLAND CORPORATION,
PLAINTIFFS,
v.
KB EYEWEAR INTERNATIONAL, INC., A CALIFORNIA CORPORATION; AMY LAM, AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Matz. A. Howar United States District Judge

CONSENT DECREE INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE

WHEREAS Plaintiffs Coach, Inc. and Coach Services, Inc. ("Coach") and Defendants KB Eyewear International, Inc. and Amy Lam (collectively "Defendants") have entered into a Settlement Agreement and Mutual Release as to the claims in the above referenced matter. Defendants, having agreed to consent to the below terms, it is hereby ORDERED, ADJUDGED, and DECREED as among the parties hereto that:

1. This Court has jurisdiction over the parties to this Final Decree and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.

2. Coach is the worldwide owner of the trademark "COACH" and various composite trademarks and assorted design components (collectively "Coach Marks").

Amon Coac assoc first r Regis Nos.

ngst the m h's Signatu ciation with registered a strations fo

many Coach ure "C" M h the sale o at the U.S. or the Sign

h Marks, on Mark (see be of goods si

ne of the m elow). Co ince as earl d Tradema

most well-k ach has us ly as 2001 ark Office o ude, but ar

known and ed the Sign . The Sign on Septem re not limit

d recognize nature "C" nature "C" mber 24, 20 ted to, U.S

ed marks is " Mark in

s

Mark was 002.

s

Patent and nature "C" M

Mark inclu 34,429

. Reg.

2,832,589

; 3,695,290

0; and 2,53

3. Pla rtisement, o ature "C" M mark dilut r the comm

aintiffs hav offering fo Mark ("Dis ion, and un mon law. efendants a rticipation w ently restra r directly o ) Manuf ing, offerin pping or m or feature trade name

ve alleged or sale, and sputed Pro nfair comp

that Defen d sale of pr ducts") co petition und

ndants' imp roducts wh nstitute tra der the Lan

portation, d hich infring ademark in nham Trad

distribution ge upon Co nfringemen demark Act

n, oach's nt, t and

adver Signa tradem under

4. De ert and par by permane

and their ag with them ained and e or contribu facturing, i ng for sale arketing th identical a es, logos an

gents, serv who receiv enjoined fr utorily in an importing, e, importing he Disputed and/or conf nd/or copy

vants, empl ve actual n rom infring ny manner purchasin g, exportin d Products fusingly si yrighted wo

loyees and notice of th ging upon C r, including ng, produci ng, advertis s and/or an imilar to C orks;

all person his Final D

ns in active Decree are ignature

conce hereb "C" M

Coach's Si g: ng, distribu sing, prom ny other go oach's trad

Mark eithe

(a) lating, sell aying, ship ng a mark ce marks, t

uting, moting, ods demarks,

circul displa bearin servic

(b) able imitat bution, adv enuine pro

) Using tion thereo vertisemen oducts of P

the Coach of in conne nt, offer for laintiffs, o

h Marks or ction with r sale and/o r in any m

any reprod the manuf or sale of m manner likel

duction, co facture, im merchandi ly to cause

ounterfeit, mportation, se compris e others to

copy or

color distri the ge

sing not believe

that D merch

Defendants handise;

s' products

s are conne

ected with P

Plaintiffs o

or Plaintiff

fs' genuine

e

(c) ferring or o ucts except

) Shippi otherwise m t as provid ) Comm s' products y way; ) Assisti ming any o

ing, deliver moving, st ded under th mitting any s are Plaint

ring, holdi toring or di he parties other acts tiffs' genui

ing for sale isposing of

e, distributi f in any ma t Agreeme d to cause p andise or a

ing, return anner the D ent; purchasers associated w

ning,

transf Produ

Disputed

Settlement calculated ine mercha

(d)

Defendants tiffs in any

s to believe with

e

that D Plain

(e) y in perform above.

ing, aiding of the proh

g or attemp

hibited activ

pting to ass vities refer

sist or aid a rred to in P

any other p Paragraphs

person or s 5(a) to

entity 5(e) a

5. Pla ciated with

aintiffs and this action

d Defendan n. on of this F

nts shall be

ear their ow

wn costs an

nd attorney

ys' fees

assoc

6. Th es hereto.

he execution

Final Decre

ee shall ser

rve to bind

d and obliga

ate the

partie

7. Ex of this Fin

xcept to the nal Decree he jurisdict necessary o forcement t ovided her

e extent rel

, Plaintiffs ion of this or proper fo thereof and rein, this ac

lief is gran s' Complai

nted on Plai nt is dismi etained for struction or shment of a lly resolved

intiffs' Co issed with r the purpo r modificat any violati d with prej

mplaint th prejudice. ose of maki tion of this ons thereo judice.

hrough the

entry

8. Th er orders n ee, the enfo herwise pro

Court is re or the cons d the punis ction is ful

ing any s Final of. Except

furthe Decre as oth

IT IS

S SO ORD

udge

DERED.

By: ____

20120918

© 1992-2012 VersusLaw Inc.



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