Pursuant to a Judgment and Order of the U.S. District Court of the Southern District of Florida, the owners of the website previously appearing at this web address were held to have been selling counterfeit merchandise through the site, including counterfeit Chanel and Louis Vuitton handbags. As a result of this the domain taken away from its previous owners to prevent it from being used for that purpose again.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 09-CV-20634-UNGARO
CHANEL, INC., et al.,
Plaintiffs,
vs.
XXXXX XXXXXX, et al.,
Defendants.
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DEFAULT FINAL JUDGMENT
THIS CAUSE having come before the Court upon Plaintiffs, Chanel, Inc. ("Chanel") and Louis Vuitton Malletier, S.A.’s ("Louis Vuitton") (collectively "Plaintiffs") Motion for Entry Default Final Judgment Against Defendant XXXXXXX.XXX, filed June 5, 2009. (D.E. 27.)
THIS COURT has considered the Motion and the pertinent portions of the record and is otherwise fully advised in the premises. The Court notes that the Clerk of the Court entered default against Defendant XXXXXXX.XXX on May 26, 2009. (D.E. 22.)
Accordingly, it is hereby
ORDERED and ADJUDGED that the Motion (D.E. 27) is GRANTED IN PART. It is further
ORDERED AND ADJUDGED that the Default entered by the Clerk of the Court against the Defendant in this matter is APPROVED AND RATIFIED. It is further,
ORDERED AND ADJUDGED that judgment is entered in favor of Plaintiffs, 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 Louis Vuitton, S.A., a foreign business entity, with its principal place of business in Paris, France, and against Defendant XXXXXXX.XXX, Inc. It is further
ORDERED AND ADJUDGED that pursuant to 15 U.S.C. § 1117(c) Chanel is awarded statutory damages against Defendant XXXXXXX.XXX, Inc. in the amount of Nine Hundred Thirty-Six Thousand Dollars and Zero Cents ($936,000.00), for which let execution issue. Interest fromthe date this action was filed shall accrue at the legal rate. It is further
ORDERED AND ADJUDGED that pursuant to 15 U.S.C. § 1117(c) Louis Vuitton is awarded statutory damages against Defendant XXXXXXX.XXX, Inc. in the amount of One Million Five Hundred Sixty Thousand Dollars and Zero Cents ($1,560,000.00), for which let execution issue. Interest from the date this action was filed shall accrue at the legal rate. It is further
ORDERED AND ADJUDGED that Defendant XXXXXXX.XXX and its respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with it 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 and Louis Vuitton Marks;
(b) using the Chanel and Louis Vuitton 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 Stylediva.net, Swisswatchlive.com, X-bags.net, Mypurseworld.com, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Chanel and Louis Vuitton;
(d) falsely representing themselves as being connected with Chanel and Louis Vuitton, 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 Koodley.com., Stylediva.net, Swisswatchlive.com, X-bags.net, Mypurseworld.com, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Chanel and Louis Vuitton;
(f) using any reproduction, counterfeit, copy, or colorable imitation of the Chanel and Louis Vuitton Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by Koodley.com., Stylediva.net, Swisswatchlive.com, X-bags.net, Mypurseworld.com, and/or any other website or business, including, without limitation, handbags, wallets, luggage, tote bags, briefcases, attache cases, backpacks, cosmetic bags sold empty, sunglasses, bracelets, earrings, necklaces watches, key chains, belts, hats, scarves, and umbrellas;
(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 Koodley.com., Stylediva.net, Swisswatchlive.com, X-bags.net, Mypurseworld.com, and/or any other website or business, as being those of Chanel and Louis Vuitton, or in any way endorsed by Chanel and Louis Vuitton;
(h) offering such goods in commerce;
(I) otherwise unfairly competing with Chanel and Louis Vuitton;
(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 and Louis Vuitton 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 forth above.
It is further
ORDERED AND ADJUDGED that Defendant XXXXXXX.XXX, Inc., those in privy with it and those with notice of the injunction, including any Internet search engines, Web hosts, domain-names registrar 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 XXXXXXX.XXX, Inc. engages in the sale of counterfeit and infringing goods using Chanel Marks and Louis Vuitton Marks. It is further
ORDERED AND ADJUDGED that in order to give practical effect to the Permanent Injunction, the domain names Mypurseworld.com and Swisswatchlive.com are hereby ordered to be immediately transferred by the Defendant, its assignees and/or successors in interest or title, and the Registrar to Plaintiffs’ control. To the extent the current Registrar does not facilitate the transfer of the domain name to Plaintiffs’ control within 15 days of receipt of this judgment, the United States based Registry shall transfer the domain names to a United States based Registrar of Plaintiffs’ choosing, and that Registrar shall transfer the domain name to Plaintiffs. It is further
ORDERED AND ADJUDGED that the Court reserves jurisdiction to tax attorneys fees and costs upon motion presented by Plaintiffs.
DONE AND ORDERED in Chambers at Miami, Florida, this 8th day of June, 2009.