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:
- 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;
- 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;
- 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;
- Interest from the
date this action was filed shall accrue at the legal rate.
- 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
- 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:
- 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;
- using the Louis
Vuitton Marks and/or works protected by the Louis Vuitton Copyrights
in connection with the sale of any unauthorized goods;
- 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;
- falsely representing
itself as being connected with Louis Vuitton, through sponsorship or
association;
- 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;
- 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;
- 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;
- offering such goods
in commerce;
- otherwise unfairly
competing with Louis Vuitton;
- 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
- 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