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Acushnet Co. v. Yoo

United States District Court, S.D. California

March 4, 2014

ACUSHNET COMPANY, a Delaware corporation, Plaintiff,
v.
YONG SEUNG YOO a/k/a YOUNGSEUNG YOO a/k/a YONG YOO a/k/a SINCLAIR CHOCO JOHNSON, an individual, NAMJIN LIM a/k/a/NAMJIN JEREMIAH LIM, an individual, and KYUNGA KRISTEN LIM a/k/a KYUNGA LIM aka KRISTEN LIM a/k/a/KYUNG LIM a/k/a/KRISTEN YOO, an individual and jointly, dba LOENDLESSVE d/b/a SINCLAIR0923 d/b/a JEREMIAH0701 and Does 1-10, Defendant.

ORDER GRANTING JOINT MOTION FOR JUDGMENT AND PERMANENT INJUNCTION

MICHAEL M. ANELLO, District Judge.

WHEREAS, this action having been commenced by Plaintiff Acushnet Company ("Acushnet" or "Plaintiff") against the Defendants, Yong Seung Yoo a/k/a Youngseung Yoo a/k/a Yong Yoo a/k/a Sinclair Choco Johnson, an individual ("Johnson"); Namjin Lim a/k/a Namjin Jeremiah Lim, an individual ("Namjin Lim") and Kyunga Kristen Lim a/k/a Kyunga Lim a/k/a Kristen Lim a/k/a Kyung Lim a/k/a Kristen Yoo, an individual ("Kristen Lim") (collectively, the "Lims"), individually and jointly, d/b/a loendlessve d/b/a sinclair0923 d/b/a jeremiah0701 (collectively, the "Defendants"), alleging inter alia, trademark infringement, trademark counterfeiting, and false designation of origin and having resolved this dispute, and the Plaintiffs and the Defendants having stipulated to the entry of this consent final judgment and permanent injunction, the Court makes the following permanent findings and conclusions:

IT IS ORDER, ADJUDGED AND DECREED that:

1. The parties' Joint Motion for Entry of Consent Final Judgment and Permanent Injunction is GRANTED.

2. This Court has jurisdiction of the subject matter of all counts of this action and over all of the named parties hereto.

3. Acushnet is the owner, and/or exclusive licensee, of the following United States Federal Trademark Registrations:

Registration Registratio Trademark Number n Date Class(es)/Goods Titleist April 10, 1, 273, 662 1984 IC 25 - Clothing - namely, shirts March 18, IC 25 - Vests, jackets, pants, FJ 2, 697, 555 2003 belts, hats, golf shoes and socks IC 25 - Articles of clothing, June 9, namely, jackets, pullovers, pants, FOOT-JOY 2, 163, 9311998 rainwear, socks, gloves, hats and visors IC 25 - Clothing, more May 2, specifically, sweaters, shirts and TITLEIST 0, 933, 2711972 jackets

All of these United States Trademark Registrations are registered in International Class 25 and used in connection with the manufacture and distribution of, among other things, high quality clothing products, including shirts (collectively the "Acushnet Marks").

4. Defendants and their respective officers, agents, servants, employees, and attorneys, and all persons in active concert and participation with them, without any admission as to liability and/or any past or present infringement of the Acushnet Marks, are, without prejudice as to any defenses already made or available as a matter of law or equity, 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 Acushnet Marks;
B. using the Plaintiff's Marks in connection with the manufacturing and/or 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 Defendant as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiff;
D. using any reproduction, counterfeit, copy, or colorable imitation of the Acushnet Marks in connection with the publicity, promotion, sale or advertising of any goods sold by the Defendants, ...

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