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Chanel, Inc. v. Geronimo

United States District Court, Ninth Circuit

December 30, 2013

CHANEL, INC., a New York corporation, and TIFFANY (NJ), LLC, a Delaware limited liability company, Plaintiffs,
v.
HEIDY L GERONIMO a/k/a HEIDY TAN-GERONIMO a/k/a HEIDY TANN a/k/a HEIDY LIZZA TAN, an individual, d/b/a SPARKLES8888.COM and ARTISTNETTWORK, and DOES 1-10, Defendants.

James H. Berry, Jr. (State Bar No. 075834), Kevin R. Lussier (State Bar No. 143821), BERRY & LUSSIER, Los Angeles, California, Attorneys for Plaintiffs, CHANEL, INC. And TIFFANY (NJ), LLC.

BEN ONYENACHO, (State Bar No. 195727) Law Offices of Ben Onyenacho, Los Angeles, California, Attorney for Defendant HEIDY L. GERONIMO.

[PROPOSED] CONSENT FINAL JUDGMENT FOR PERMANENT INJUNCTION

AUDREY B. COLLINS, District Judge.

Plaintiffs Chanel, Inc., a New York corporation ("Chanel"), and Tiffany (NJ), LLC, a Delaware limited liability company ("Tiffany") (collectively "Plaintiffs") and Defendant, Heidy L. Geronimo a/k/a Heidy Tan-Geronimo a/k/a Heidy Tann a/k/a Heidy Lizza Tan, an individual, d/b/a sparkles8888.com and Artistnettwork ("Defendant") stipulate and consent to the following:

WHEREAS, Defendant adopted and began using trademarks in the United States which infringes and dilutes the distinctive quality of Chanel's registered trademarks as identified in Paragraph 8 of Plaintiffs' Complaint (the "Chanel Marks");

WHEREAS, Defendant adopted and began using trademarks in the United States which infringes and dilutes the distinctive quality of Tiffany's registered trademarks as identified in Paragraph 9 of Plaintiffs' Complaint (the "Tiffany Marks");

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

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

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; and

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

IT IS STIPULATED, ORDERED, ADJUDGED AND DECREED that:

1. Defendant, Heidy L. Geronimo a/k/a Heidy Tan-Geronimo a/k/a Heidy Tann a/k/a Heidy Lizza Tan, an individual, d/b/a sparkles8888.com and Artistnettwork, 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 and/or the ...

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