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Chanel, Inc., A New York Corporation v. Eclub.Com

April 18, 2013

CHANEL, INC., A NEW YORK CORPORATION, PLAINTIFF,
v.
ECLUB.COM, INC., ET AL. DEFENDANTS.



The opinion of the court was delivered by: Hon. Gary Allen Feess United States District Judge

STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION

Plaintiff, Chanel, Inc. ("Chanel") and Defendants, Eclub.com, Inc., a California Corporation, and Joseph S. Cheon, an individual, individually and jointly, d/b/a Eclub.com d/b/a Eclub d/b/a Eclub Company d/b/a Body Jewelry Factory d/b/a Bodyjewelryfactory.com d/b/a Barbellplus.com d/b/a Hecoolshecool.com d/b/a Shecoolhecool.com (collectively the "Defendants") stipulate and consent to the following:

WHEREAS, the Defendants adopted and began using trademark in the United States which infringe and dilute the distinctive quality of Chanel's various registered trademark: (the "Chanel Mark") as identified in Paragraph 7 of Chanel's Complaint;

WHEREAS, the Defendants' use of names and marks which are identical to, or substantially indistinguishable from the Chanel Mark is likely to cause confusion as to source or origin of the Defendants' products, and will further dilute the distinctive quality of the Chanel Mark;

WHEREAS, without the admission of any liability, the parties desire to settle and have amicably resolved their dispute to each of their satisfaction; and

WHEREAS, based upon Chanel's good faith prior use of the Chanel Marks, Chanel has superior and exclusive rights in and to the Chanel Mark in the United States and any confusingly similar names or marks.

IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:

1. The Defendants and their respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and enjoined from intentionally and/or knowingly:

A. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing the Chanel Mark;

B. using the Chanel Mark in connection with the sale of any unauthorized goods;

C. using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiff;

D. falsely representing the Defendants as being connected with the Plaintiff, through sponsorship or association,

E. engaging in any act which is likely to falsely cause members of the trade and/or of the purchasing public to believe any goods or services of the Defendants, are in any way endorsed by, approved by, and/or associated with the Plaintiff;

F. using any reproduction, counterfeit, copy, or colorable imitation of the Chanel Mark in connection with the publicity, promotion, sale, or advertising of any goods sold by the Defendants, including, ...


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