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

September 22, 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, I-YUN YIH A/K/A NANCY YIH, AN INDIVIDUAL, AND JOHN DOES 1-10, INCLUSIVE DEFENDANTS.



The opinion of the court was delivered by: Hon. S. James Otero

JS-6

JOHN C. ULIN (State Bar No. 165524) John.Ulin@aporter.com JAMES S. BLACKBURN (State Bar No. 169134) James.Blackburn@aporter.com LOUIS S. EDERER (Pro Hac Vice) Louis.Ederer@aporter.com ALAN C. VERONICK (Pro Hac Vice) Alan.Veronick@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 SWEET PEOPLE APPAREL, INC. d/b/a MISS ME and RCRV, Inc. d/b/a ROCK REVIVAL

[PROPOSED] PERMANENT INJUNCTION ORDER AND JUDGMENT ON CONSENT

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 Defendants in this action are LA Idol Fashion, Inc. ("LA Idol"), I-Yun Yih a/k/a Nancy Yih ("Nancy Yih") and John Does 1-10; 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 Reverse Western Paisley JP5123 Design (U.S. Copyright Registration No. VA 1-740-404); Wide M Pocket Stitch Design (U.S. Copyright Registration No. VA 1-733-503); and Split Fleur De Lis Design (U.S. Copyright Registration No. VA 1-807-380) (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 WIDE M DESIGN Trademark (U.S. Trademark Registration No. 4,039,938), a copy of the registration certificate, and a photograph of a representative example of a Sweet People jeanswear product bearing the WIDE M DESIGN Trademark, being attached hereto as Exhibit B and incorporated herein by reference; and

WHEREAS, RCRV is the owner of a U.S. trademark application for its ARROW STITCH DESIGN Trademark (U.S. Trademark Application No. 85/330,876), a copy of a photograph of a representative example of an RCRV jeanswear product bearing the ARROW STITCH DESIGN Trademark, being attached hereto as Exhibit C and incorporated herein by reference; and

WHEREAS, on July 26, 2012, Plaintiffs Sweet People and RCRV filed a Complaint (Dkt. No. 1) 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, including the jeanswear products depicted in the attached Exhibits D, E and F (collectively, the "Infringing Products"); and

WHEREAS, the Court has jurisdiction over the subject matter of this action and over Plaintiffs and Defendants, and venue in this action being proper in this judicial district; and

WHEREAS, Plaintiffs and Defendants have consented to the entry of this Permanent Injunction Order and Judgment on Consent in full and final resolution of the claims asserted between and among them in the Civil Action, as follows:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT, LA Idol, its respective subsidiaries, affiliates, divisions, officers, directors, principals, servants, employees, successors and assigns, and its President, Nancy Yih, and all those in active concert or participation with them, or under their direct or indirect control, including manufacturers, suppliers, distributors and retailers of any Infringing Products, who receive notice of this Order, are hereby enjoined, restrained and prohibited from:

1. Manufacturing, designing, creating, copying, imitating, importing, exporting, distributing, supplying, marketing, advertising, promoting, offering for sale or selling any product bearing a design that is substantially similar in overall appearance to, or making any other unauthorized use of, any of the Sweet People Copyrighted Designs, so as to constitute an infringement ...


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