April 23, 2013
BCBG MAX AZRIA GROUP, INC., Plaintiff,
STRETTA MODA, LLC, a California limited liability company, Defendant.
STIPULATED CONSENT JUDGMENT
AUDREY B. COLLINS, District Judge.
Plaintiff BCBG Max Azria Group, Inc. ("BCBG") and defendant Stretta Moda, LLC ("Stretta"), by and between their counsel of record, stipulate as follows:
1. Judgment shall be entered by the Court in favor of BCBG and against Stretta in the amount of $150, 000, with each party otherwise bearing its own attorneys' fees and costs. BCBG shall be entitled to post-judgment interest on such amount at the legal rate from entry of judgment.
2. The Court shall enter a permanent injunction against Stretta and all those acting in concert or participation with it and having knowledge of this Consent Decree, including but not limited to their agents, representatives, partners, owners, officers, directors, employees and attorneys (collectively the "Enjoined Parties"), enjoining and restraining the Enjoined Parties from making, using, selling, offering to sell or importing into the U.S. any garments that embody or are otherwise colorable imitations of BCBG's "Herve Leger Trade Dress, " which is a high fashion garment with a singular trade dress featuring a combination of the following non-functional elements: (a) bands of fabric, (b) arranged in horizontal and/or diagonal patterns, (c) to form the tight-fitting dress with an overall look that accentuates the female form. This stipulated injunction applies, but is not limited to, the Stretta apparel identified in Attachment A.
PURSUANT TO STIPULATION, IT IS SO ORDERED AND ADJUDGED.
Stretta Product Name Stretta Design Style No. Heidi Dress Metallic Tan H110117 Collette Dress Pink/Beige F110101 Collette Dress Black F110101B Roxanne Dress Red Print H110148 Roxanne Dress Marigold Ombre H110148MO Kim Dress Metallic Charcoal H110119 Kim Dress Black H110119B Carrie Dress Tan F110104 Carrie Dress Black F110104B Ciara Dress Black F110102B Ciara Dress Brown F110102 Ciara Dress White H110102W Ciara Dress Blue Ombre H110102BO Ciara Dress Dark Tan Combo H110201W Giovanna Dress Black F110113B Giovanna Dress Cream/Black F110113 Rosie Dress Black H110115 Rosie Dress Marigold H110115M Roxanne Dress White H110148W Sofia Dress Black H110121 Sofia Dress Grey Heather Grey H110121GHG Sofia Dress Green Heather Yellow H110121GHY Sofia Dress Red Tan Combo H110121RT Reese Dress Black F110114 Jessica Dress Dark Red F110115 Jessica Dress Black/Tan F110115BT Kate Dress Metallic Cream H110118 Christiana Dress Black H110201B Christiana Dress Nutmeg H110201 Christiana Dress White H110201W Carla Dress Red F110105 Carla Dress Blue Ombre F110105BO Charlotte Dress Black/Tan F110108BT