THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
CHANEL, INC., a New York corporation,
SHEM ________ a/k/a JIM ______ AND XIANG ____ __, individually, d/b/a BESTLUXURYBAG.COM, DESIGNERHANDBAGSPAGE. COM, DESIGNERLUXURYSHOES.COM, DREAMREPLICAHANDBAG.COM, DREAMREPLICASUNGLASSES.COM, EJEWELRYCOLLECTION.COM, ELEGANTSUNGLASSES.COM, ELUXURYBAY.COM, ELUXURYREPLICASHOP.COM, EREPLICASUPPLIER.COM, GLAMOURHANDBAGS.NET, GLAMOURHANDBAGS.COM, GLOBALREPLICASHOP.COM, GLOBALREPLICASTORE.COM, HANDBAGAUTHORITY.COM, LUXURYDESIGNERPURSES.COM, LUXURYHANDBAGSONSALE.COM, LUXURYSUPPLIER.COM, LUXURYSUPPLIER.NET, d/b/a, QUALITYJEWELRYCOLLECTION.COM QUALITYLUXURYSHOP.COM, QUALITYLUXURYSTORE.COM, ONLINEDESIGNERHANDBAGS.COM, and DOES 1-10,
No. 2:09-cv-01251-JHN -FMOx
ORDER GRANTING PLAINTIFF’S MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT AGAINST DEFENDANT XIANG ____ __; FINAL JUDGMENT AND PERMANENT INJUNCTION
The matter before the Court is Plaintiff, Chanel, Inc.’s (“Chanel” or “Plaintiff”) Motion for Final Default Judgment against Defendant Xiang ____ __ (“Defendant”), d/b/a bestluxurybag.com, designerhandbagspage.com, designerluxuryshoes.com, dreamreplicahandbag.com, dreamreplicasunglasses.com, ejewelrycollection.com, elegantsunglasses.com, eluxurybay.com, eluxuryreplicashop.com, ereplicasupplier.com, glamourhandbags.net, glamourhandbags.com, globalreplicashop.com, globalreplicastore.com, handbagauthority.com, luxurydesignerpurses.com, luxuryhandbagsonsale.com, luxurysupplier.com, luxurysupplier.net, qualityjewelrycollection.com, qualityluxuryshop.com, qualityluxurystore.com, and onlinedesignerhandbags.com (collectively the “Subject Domain Names”). No opposition was filed. The Court has considered the Motion for Final Default Judgment and deems the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); Local Rule 7-15. Accordingly, the hearing scheduled for June 14, 2010 is removed from the Court’s calendar.
IT IS HEREBY ORDERED that Plaintiff’s Motion for Final Default Judgment is GRANTED, and judgment is entered in favor of Plaintiff, Chanel, Inc, a New York corporation, with its principal place of business in the United States located at Nine West 57th Street, New York, New York 10019, and against Defendant Xiang ____ __ on both Counts of the Second Amended Complaint;
IT IS FURTHER ORDERED AND ADJUDGED:
1. Pursuant to 15 U.S.C. § 1117© Chanel is awarded statutory damages against Defendant in the amount of Eight Hundred, Sixty-Four Thousand Dollars and Zero Cents ($864,000.00.00), for which let execution issue;
2. Pursuant to 15 U.S.C. § 1117(a), Chanel is awarded costs in the amount of $700.00, for which let execution issue;
3. Interest from the date this action was filed shall accrue at the legal rate.
4. In order to give practical effect to the Permanent Injunction described below, the Subject Domain Names are hereby ordered to be immediately transferred by the Defendant, his assignees and/or successors in interest or title, and the Registrar to Chanel’s control. To the extent the current Registrar does not facilitate the transfer of the domain names to Chanel’s control within ten (10) days of receipt of this judgment, the United States based Registry shall, within thirty (30) days, transfer the Subject Domain Names to a United States based Registrar of Chanel’s choosing, and that Registrar shall transfer the Subject Domain Names to Chanel; and
5. Upon Chanel’s request, the top level domain (TLD) Registries for the Subject Domain Names shall place the Subject Domain Names on Registry Hold status within thirty (30) days of receipt of this Order, thus removing them from the TLD zone files maintained by the Registry which link the Subject Domain Name to the IP address where the associated website is hosted.
6. Defendant Xiang ____ __, and his respective officers, agents, servants, employees, and attorneys, and all persons in active concert and participation with him are hereby permanently restrained and enjoined from:
(a) manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Chanel Marks;
(b) using the Chanel Marks 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 Defendant, the Subject Domain Names, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Chanel;
(d) falsely representing themselves as being connected with Chanel, 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 Defendant, the Subject Domain Names, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Chanel;
(f) using any reproduction, counterfeit, copy, or colorable imitation of the Chanel Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by Defendant, the Subject Domain Names, and/or any other website or business, including, without limitation, handbags, wallets, rings, necklaces, earrings, shoes, sunglasses, key chains, and watches;
(g) affixing, applying, annexing or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent goods by Defendant, the Subject Domain Names, and/or any other website or business, as being those of Chanel or in any way endorsed by Chanel;
(h) offering such goods in commerce;
(i) otherwise unfairly competing with Chanel;
(j) secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books or records which contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products which infringe the Chanel Marks; and
(k) effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set for above.
7. Defendant Xiang ____ __, those acting in concert with him, and those with notice of the Injunction, including any Internet search engines, Web hosts, domain-name registrars and domain-name registries that are provided with notice of the Injunction, shall be and are hereby restrained and enjoined from facilitating access to any or all websites through which Defendant engages in the sale of counterfeit and infringing goods using the Chanel Marks.
IT IS SO ORDERED.