UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 09-60051-CIV-DIMITROULEAS
CHANEL INC., a New York corporation,
DOES 3-10; Sangmin ______,
d/b/a WWW.MOHEGA.COM, WWW.VEREZIA.COM,
and WWW.NESPANZA.COM; and
SML MARKETING CORP.,
d/b/a WWW.MOHEGA.COM, WWW.VEREZIA.COM,
FINAL JUDGMENT AND PERMANENT INJUNCTION BY DEFAULT AGAINST
DEFENDANT SANGMIN ........................
THIS CAUSE is before the Court upon the granting of Plaintiff's Motion for Final Default Judgment.
IT IS HEREBY ORDERED AND ADJUDGED as follows:
1) Judgment is entered in favor of the Plaintiff Chanel, Inc., a New York corporation, with its principal place of business at 9 West 57th Street, New York, New York 10019 and against Defendant ________, an individual, last known to be residing at 4215 _________,New York 11361
2) Defendant and his respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby 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 ________, www.Mohega.com, www.Verezia.com, www.Nespanza.com, 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 _______, www.Mohega.com, www.Verezia.com, www.Nespanza.com, 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 _______, www.Mohega.com, www.Verezia.com, www.Nespanza.com and/or any other website or business, including, without limitation, handbags, wallets, and/or key chains;
(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 ________, www.Mohega.com, www.Verezia.com, www.Nespanza.com, 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;
(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 forth above;
3) the Defendant, those in privy 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 the Defendant engages in the sale of counterfeit and infringing goods using the Chanel Marks.
IT IS FURTHER ORDERED AND ADJUDGED:
4) Pursuant to 15 U.S.C. § 1117(c),Chanel is awarded statutory damages against _______ in the amount of One Hundred Forty-Four Thousand Dollars and Zero Cents ($144,000.00), for which let execution issue;
5) Pursuant to 15 U.S.C. § 1117(a), Chanel is awarded attorney's fees against ________ in the amount of Seven Thousand Dollars and Zero Cents ($7,000.00) for which let execution issue;
6) Pursuant to 15 U.S.C. § 1117(a) Chanel is awarded investigative fees against ________ in the amount of Three Thousand Forty-Four Dollars and Ninety-Four Cents ($3,044.94) for which let execution issue;
7) Pursuant to 15 U.S.C. § 1117(a) Chanel is awarded costs against Defendant ________ in the amount of Four Hundred Twenty-Five Dollars and Zero Cents ($425.00), for which let execution issue;
8) In order to give practical effect to the Permanent Injunction, the domain names www.Mohega.com, www.Verezia.com, and www.Nespanza.com 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 30 days of receipt of this judgment, the United States based Registry shall transfer the domain names to a United States based Registrar of Chanel's choosing, and that Registrar shall transfer the domain names to Chanel; and
9) Interest from the date this action was filed shall accrue at the legal rate.
10) This judgment shall bear interest at the rate of 0.51% as prescribed by 28 U.S.C. §1961, and shall be enforceable as prescribed by 28 U.S.C. §2001, et seq., 28 U.S.C. §3001-3307, and Rule 69(a), Federal Rules of Civil Procedure.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this 23rd day of June, 2009.