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Chanel, Inc. v. Xuhui, et al., 10-cv-2040 (W.D. Tenn.; Nov. 4, 2010)

Chanel, Inc. v. Xuhui, et al., 10-cv-2040 (W.D. Tenn.; Nov. 4, 2010)

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Order granting default judgment and injunction in favor of Chanel, against various domain names allegedly used to traffic in counterfeit goods.
Order granting default judgment and injunction in favor of Chanel, against various domain names allegedly used to traffic in counterfeit goods.

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Published by: Venkat Balasubramani on Nov 27, 2010
Copyright:Attribution Non-commercial

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11/27/2010

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THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TENNESSEEWESTERN DIVISIONCHANEL, INC.,a New York corporation,Plaintiff,v.CHAI XUHUI d/b/a WATCHVISA.COM,WHOLEWATCHES.COM,OVERWATCHES.COM,REPLICAME.COM,WATCHESMINE.COM,WATCHESVIEW.COM,WATCHBEEF.COM, BOOTSME.COM,AIMBAGS.COM, MYBAGSVIP.COM,MINEBAGS.COM, BAGSMINE.COM,BAGSHAND.COM, andHANDBAGSSELL.COM and DOES 1-10,Defendants.)))))))))))))))))))Case No. 2:10-cv-02040-BBD-tmp
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
THIS MATTER having come before the Court upon Plaintiff, Chanel, Inc.’s (“Chanel”or “Plaintiff”) Motion for Final Default Judgment against Defendant Chai Xuxui (the“Defendant”), and the Court having considered the moving papers and there being no oppositionthereto;IT IS HEREBY ORDERED that Plaintiff’s Motion for Final Default Judgment isGRANTED, and judgment is herby 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
Case 2:10-cv-02040-BBD-tmp Document 30 Filed 11/04/10 Page 1 of 7
 
 
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Street, New York, New York 10019, and against Defendant on all Counts of the Complaint asfollows:(1)
 
Permanent Injunctive Relief:Defendant and his respective officers, agents, servants, employees, and attorneys, and allpersons acting in concert and participation with him are hereby permanently restrained andenjoined from:(a)
 
manufacturing or causing to be manufactured, importing, advertising, orpromoting, distributing, selling or offering to sell counterfeit andinfringing goods using the Chanel Marks;(b)
 
using the Chanel Marks in connection with the sale of any unauthorizedgoods;(c)
 
using any logo, and/or layout which may be calculated to falsely advertisethe services or products of Defendant offered for sale or sold via thedomain names listed in Schedule “1” annexed hereto (the “SubjectDomain Names”) and/or any other website or business, as being sponsoredby, authorized by, endorsed by, or in any way associated with Plaintiff;(d)
 
falsely representing himself as being connected with Plaintiff, throughsponsorship or association;(e)
 
engaging in any act which is likely to falsely cause members of the tradeand/or of the purchasing public to believe any goods or services of Defendant offered for sale of sold via the Subject Domain Names and/or
Case 2:10-cv-02040-BBD-tmp Document 30 Filed 11/04/10 Page 2 of 7
 
 
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any other website or business are in any way endorsed by, approved by,and/or associated with Plaintiff;(f)
 
using any reproduction, counterfeit, copy, or colorable imitation of theChanel Marks in connection with the publicity, promotion, sale, oradvertising of any goods sold by Defendant via the Subject DomainNames and/or any other website or business, including, without limitation,handbags and watches;(g)
 
affixing, applying, annexing or using in connection with the sale of anygoods, a false description or representation, including words or othersymbols tending to falsely describe or represent goods offered for sale orsold by Defendant via the Subject Domain Names and/or any otherwebsite or business, as being those of Plaintiff or in any way endorsed byPlaintiff;(h)
 
offering such goods in commerce;(i)
 
otherwise unfairly competing with Plaintiff;(j)
 
secreting, destroying, altering, removing, or otherwise dealing with theunauthorized products or any books or records which contain anyinformation relating to the importing, manufacturing, producing,distributing, circulating, selling, marketing, offering for sale, advertising,promoting, renting or displaying of all unauthorized products whichinfringe the Chanel Marks; and
Case 2:10-cv-02040-BBD-tmp Document 30 Filed 11/04/10 Page 3 of 7

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