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.
CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION
MICHAEL W. FITZGERALD, District Judge.
Plaintiff, Chanel, Inc. ("Chanel") and Defendants Pishon Trading, Inc., a California corporation ("Pishon Trading") and Steve Park, an individual ("Park"), individually and jointly, d/b/a P-Line d/b/a Eyezone d/b/a Pishon & BMT Trading d/b/a BMT Trading d/b/a Pishontrading.com (collectively, the "Defendants") stipulate and consent to the following:
WHEREAS, the Defendants adopted and began using a trademark in the United States which infringes and dilutes the distinctive quality of Chanel's registered trademark: and as identified in Paragraph 7 of Chanel's Verified Complaint;
WHEREAS, Defendants' use of names and a mark 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 Mark, Chanel has superior and exclusive rights in and to the Chanel Mark in the United States and any confusingly similar names or mark.
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 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, ...