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Fossil Group, Inc. v. Andreu

United States District Court, C.D. California

August 9, 2016

FOSSIL GROUP, INC., a Delaware Corporation, Plaintiffs,
v.
ELIOT ANDREU, an Individual; and DOES 1-10, inclusive, Defendants.

          JOHNSON & PHAM, LLP Christopher D. Johnson, Christopher Q. Pham, Marcus F. Chaney, Nicole L. Drey, Hung Q. Pham, Topanga Canyon Boulevard, Attorneys for Plaintiff FOSSIL GROUP, INC.

          PERMANENT INJUNCTION AND DISMISSAL

          HONORABLE MANUEL L. REAL United States District Court Judge.

         The Court, pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal (“Stipulation”) by and between Plaintiff FOSSIL GROUP, INC. (“FOSSIL”), through its counsel of record, and Defendant ELIOT ANDREU (“Defendant”), in pro se, filed concurrently herewith, hereby ORDERS, ADJUDICATES, and DECREES the following:

         WHEREAS, Defendant is an individual residing and conducting business from Moultrie, Georgia.

         WHEREAS, Defendant conducts business utilizing www.ebay.com seller ID “fashionstation2015, ” and utilizing www.paypal.com ID/Email “eliotandreu@outlook.com.”

         WHEREAS, FOSSIL is the exclusive worldwide authorized licensee for the DIESEL®-related family of marks as applied to watches for the Italian corporation Diesel S.p.A., the trademark owner of the DIESEL®-related family of marks. FOSSIL has the power of attorney from Diesel S.p.A to enforce Diesel S.p.A’s intellectual property rights related to watches.

         WHEREAS, FOSSIL’s exclusive license of the DIESEL® mark as applied to watches, includes, but is not limited to, numerous federal trademarks registered with the United States Patent and Trademark Office (“Diesel Trademarks”):

a. DIESEL®: Reg. No.: 1, 989, 390, registered July 30, 1996;
b. DIESEL ONLY THE BRAVE®: Reg. No. 1, 939, 141, registered December 5, 1995;
c. DIESEL BLACK GOLD®: Reg. No. 3, 956, 724, registered May 10, 2011;
d. Stylized D®: Reg. No. 3, 225, 322, registered April 3, 2007; and
e. Stylized D®: Reg. No. 2, 376, 399, registered August 15, 2000.

         Permanent injunction shall be and is hereby entered against Defendant in the above-referenced matter as follows:

         1. PERMANE ...


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