United States District Court, C.D. California
VAN CLEEF & ARPELS, S.A. and VAN CLEEF & ARPELS, a division of RICHEMONT NORTH AMERICA, INC., Plaintiffs,
v.
TRU'S DIAMONDS, Defendant.
FINAL ORDER AND JUDGMENT ON CONSENT
Hon.
Josephine L. Staton United States District Judge.
This
matter, having been commenced by Plaintiffs Van Cleef &
Arpels, S.A. and Van Cleef & Arpels, a division of
Richemont North America, Inc. (together “VCA” or
“Plaintiffs”) by filing a complaint against
Tru's Diamonds (“Defendant”) on March 21,
2019 (the “Civil Action”);
Plaintiffs
having asserted in the Civil Action claims for trade dress
infringement under Section 32(1) of the Lanham Act, 15 U.S.C.
§ 1114(1); unfair competition under Section 43(a) of the
Lanham Act, 15 U.S.C. § 1125(a); and unfair competition
under California State Law, Cal. Bus. & Prof. Code
§§ 17200 et seq., based on Defendant's
promotion, offering for sale, and sale of jewelry products
that use imitations of VCA's federally registered trade
dress;
Defendant
having agreed to entry of this Final Order and Judgment on
Consent (the “Judgment”);
Defendant
making, in connection with and as inducement for the entry of
the Judgment, the following admissions and representations
that are material terms of and form the basis for entry of
this Judgment and upon which Plaintiffs and the Court have
relied:
a. Defendant acknowledges VCA's exclusive rights in and
to the Alhambra Trade Dress (as defined in the Complaint);
b. As of March 26, 2019, Defendant had ceased promoting,
offering for sale, selling, and distributing any product that
bears an imitation of the Alhambra Trade Dress or any
confusingly similar trade dress (collectively, the
“Infringing Products”);
c. Defendant has not manufactured any of the Infringing
Products;
d. Defendant's sole source for the Infringing Products
was a man who visited Plaintiff's store in November 2018
(the “Source”), who Defendant believes was from
Hong Kong. The Source did not leave any contact information
and Defendant paid for the Infringing Products in cash and no
receipt was provided by the Source. Defendant has not seen
the source since January 2019;
e. Defendant has ceased purchasing any products from the
Source;
f. Defendant's total sales from the Infringing Products
were $4, 385;
g. Defendant has no remaining inventory of any of the
Infringing Products; and
h. Defendant has the legal capacity to enter into this
Judgment and to carry out all obligations and ...