United States District Court, C.D. California
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 ...