THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case No. 3:09-cv-05612-MMC


LOUIS VUITTON MALLETIER, S.A., a
foreign business entity,

Plaintiff,

v.

XXXXXXXXX XXXX XXX AND DOES 1-
10, individually and jointly, d/b/a
AAAREPLICAS.COM,
AAAREPLICA.COM,
AAAREPLICAS.NET,
KNOCKOFFBAG.COM,

Defendants.

[PROPOSED] DEFAULT JUDGMENT

THIS MATTER having come before the Court upon Plaintiff, Louis Vuitton Malletier, S.A.’s (“Plaintiff” or “Louis Vuitton”) Motion for Final Default Judgment Against the Defendant XXXXXXXXX XXXX XXX (“XXXXXXXXX XXXX” or the “Defendant”), and the Court having considered the moving papers and there being no opposition thereto;

IT IS HEREBY ORDERED that Plaintiff’s Motion for Final Default Judgment is GRANTED, and judgment is entered in favor of Plaintiff, Louis Vuitton Malletier, S.A., a foreign business entity, with its principal place of business located in Paris, France, and against Defendant XXXXXXXXX XXXX;

IT IS FURTHER ORDERED AND ADJUDGED:

  1. Pursuant to 15 U.S.C. § 1117(c) Louis Vuitton is awarded statutory damages against Defendant XXXXXXXXX XXXX, in the amount of Nine Hundred Sixty Thousand Dollars and Zero Cents ($960,000.00), for which let execution issue;

  2. Pursuant to 17 U.S.C. § 504; Louis Vuitton is awarded statutory damages against Defendant XXXXXXXXX XXXX, in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00), for which let execution issue;

  3. Louis Vuitton is awarded costs against Defendant XXXXXXXXX XXXX, in the amount of Seven Hundred Dollars and Zero Cents ($700.00), for which let execution issue;

  4. Interest from the date this action was filed shall accrue at the legal rate.

  5. In order to give practical effect to the Permanent Injunction, the domain names aaareplicas.com, aaareplica.com, aaareplicas.net, and knockoffbag.com (the “Subject Domain Names”) are hereby ordered to be immediately transferred by the Defendant, its assignees and/or successors in interest or title, and the Registrars to Plaintiff’s control. To the extent the current Registrars do not facilitate the transfer of the Subject Domain Names to Plaintiff’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 Plaintiff’s choosing, and that Registrar shall transfer the Subject Domain Names to Plaintiff; and

  6. Upon Plaintiff’s request, the top level domain (TLD) Registry for the Subject Domain Names, within thirty (30) days of receipt of this Order, shall place the Subject Domain Names on Registry Hold status, thus removing them from the TLD zone files maintained by the Registry which link the Subject Domain Names to the IP addresses where the associated websites are hosted.

IT IS SO ORDERED

Dated: April 19, 2010

[PROPOSED] PERMANENT INJUNCTION

THIS MATTER having come before the Court upon Plaintiff, Louis Vuitton Malletier, S.A.’s (“Louis Vuitton”) Motion for Final Default Judgment Against the Defendant XXXXXXXXX XXXX XXX (“XXXXXXXXX XXXX” or the “Defendant”), the Court having granted the Motion, does hereby:

ORDER AND ADJUDGE that Defendant XXXXXXXXX XXXX, and its respective officers, agents, servants, employees, alter egos, and attorneys, and all persons in active concert and participation with it are hereby restrained and enjoined from:

  1. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Louis Vuitton Marks and/or works protected by the Louis Vuitton Copyrights;

  2. using the Louis Vuitton Marks and/or works protected by the Louis Vuitton Copyrights in connection with the sale of any unauthorized goods;

  3. using any logo, and/or layout which may be calculated to falsely advertise the services or products of XXXXXXXXX XXXX, aaareplicas.com, aaareplica.com, aaareplicas.net, knockoffbag.com, and and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Louis Vuitton;

  4. falsely representing itself as being connected with Louis Vuitton, through sponsorship or association;

  5. 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 XXXXXXXXX XXXX, aaareplicas.com, aaareplica.com, aaareplicas.net, knockoffbag.com, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Louis Vuitton;

  6. using any reproduction, counterfeit, copy, or colorable imitation of the Louis Vuitton Marks and/or works protected by the Louis Vuitton copyrights in connection with the publicity, promotion, sale, or advertising of any goods sold by XXXXXXXXX XXXX, aaareplicas.com, aaareplica.com, aaareplicas.net, knockoffbag.com and/or any other website or business, including, without limitation, handbags, wallets, other leather goods, including, but not limited to, small leather cases, luggage, cosmetic cases, change purses, garment bags, briefcases, and school bags; jewelry, including, but not limited to, bracelets and necklaces; key chains; charms; belts; scarves; and/or hats;

  7. 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 sold by XXXXXXXXX XXXX, aaareplicas.com, aaareplica.com, aaareplicas.net, knockoffbag.com, and/or any other website or business, as being those of Louis Vuitton or in any way endorsed by Louis Vuitton;

  8. offering such goods in commerce;

  9. otherwise unfairly competing with Louis Vuitton;

  10. 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 Louis Vuitton Marks and/or works protected by the Louis Vuitton Copyrights; and

  11. 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.

IT IS SO ORDERED

Dated: April 19, 2010