James H. Berry, Jr. (State Bar No. 075834) Kevin R. Lussier (State Bar No. 143821) BERRY & LUSSIER A Professional Corporation Los Angeles, California, Attorneys for Plaintiff CHANEL, INC.
Sarkis Sirmabekian (State Bar No. 278588) LAW OFFICES OF SARKIS SIRMABEKIAN, Glendale, California, Attorneys for Defendants LULU'S TREASURE, INC., HARUTIUN KRATIAN and MARY KRATIAN.
STIPULATED CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION
GARY A. FEESS, District Judge.
Plaintiff, Chanel, Inc. ("Chanel") and Defendants Lulu's Treasure, Inc., a California corporation, Harutiun Kratian a/k/a Sam, an individual, and Mary Kratian a/k/a Mary K, an individual, individually and jointly, d/b/a Lulu's Treasure (collectively "Defendants") stipulate and consent to the following:
WHEREAS, the Defendants Lulu's Treasure, Inc. and Mary Kratian adopted and began using trademarks in the United States which infringe and dilute the distinctive quality of Chanel's various registered trademarks: CHANEL and as identified in Paragraph 7 of Chanel's Verified Complaint;
WHEREAS, Lulu's Treasure, Inc.'s and Mary Kratian's use of names and marks which are identical to, or substantially indistinguishable from, the Chanel Marks is likely to cause confusion as to source or origin of the Lulu's Treasure, Inc.'s and Mary Kratian's products, and will further dilute the distinctive quality of the Chanel Marks;
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 Marks in the United States and any confusingly similar names or marks.
IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:
1. The Defendants and their 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 Marks;
B. using the Chanel Marks 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, ...