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ORDER GRANTING PLAINTIFF’S APPLICATIONFOR ENTRY OF PRELIMINARY INJUNCTION
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David S. KahnNevada Bar No. 007038J. Scott BurrisNevada Bar No. 010529Juan P. RodriguezNevada Bar No. 010733WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP300 South Fourth Street, 11th FloorLas Vegas, NV 89101(702) 727-1400; FAX (702) 727-1401E-mail:David.Kahn@wilsonelser.com J.Scott.Burris@wilsonelser.com Juan.Rodriguez@wilsonelser.com Stephen M. Gaffigan (
Pro Hac Vice
)STEPHEN M. GAFFIGAN, P.A.401 East Las Olas Blvd., Suite 130-453Ft. Lauderdale, Florida 33301Telephone: (954) 767-4819Facsimile: (954) 767-4821E-mail:stephen@smgpa.net
Attorneys for Plaintiff
,
CHANEL, INC.
THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEVADACHANEL, INC.,Plaintiff,v.EUKUK.COM,
et al.
,Defendants.)))))))))))Case No. 2:11-cv-01508-KJD-PAL
ORDER GRANTING PLAINTIFF’SAPPLICATION FOR ENTRY OFPRELIMINARY INJUNCTION
THIS CAUSE is before the Court on Plaintiff’s Application for Entry of PreliminaryInjunction (the “Application for Preliminary Injunction”) (# 7), and upon the Preliminary InjunctionHearing held on October 11, 2011. The Court has carefully reviewed said Motion, the entire courtfile and is otherwise fully advised in the premises.
Case 2:11-cv-01508-KJD -PAL Document 22 Filed 10/11/11 Page 1 of 25
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ORDER GRANTING PLAINTIFF’S APPLICATIONFOR ENTRY OF PRELIMINARY INJUNCTION
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By the instant Application (# 7), Plaintiff Chanel, Inc. (“Chanel”), moves for entry of apreliminary injunction against Defendants, the Partnerships and Unincorporated Associationsidentified on Schedule “A” attached hereto (the “Defendants”), for alleged violations of the LanhamAct, 15 U.S.C. §§ 1114, and 1125(a) and (d).The Court convened the hearing on October 11, 2011, at which only counsel for Plaintiff waspresent and available to present evidence supporting the Application for Preliminary Injunction. TheDefendants have not responded to the Application for Preliminary Injunction, nor made any filing inthis case, nor have the Defendants appeared in this matter either individually or through counsel.Because Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, theCourt will grant Plaintiff’s Application for Preliminary Injunction.
I.
Factual and Procedural Background
On September 26, 2011, the Court entered a temporary restraining order on the followingfacts from Plaintiff’s Complaint,
Ex Parte
Application for Entry of a Temporary Restraining Orderand Preliminary Injunction, and supporting evidentiary submissions.Chanel is a corporation duly organized under the laws of the State of New York with itsprincipal place of business in the United States located at Nine West 57th Street, New York, NewYork 10019. (Compl. ¶ 3.) Chanel operates boutiques throughout the world, including within thisJudicial District. See id. Chanel is, in part, engaged in the business of manufacturing and distributingthroughout the world, including within this Judicial District, a variety of high quality luxury goods.(Declaration of Adrienne Hahn Sisbarro in Support of Plaintiff’s
Ex Parte
Application for Entry of aTemporary Restraining Order and Preliminary Injunction [“Hahn Decl.”] ¶ 5.)Chanel is, and at all times relevant hereto has been, the owner of all rights in and to thefollowing trademarks:
TrademarkRegistrationNumberRegistrationDateClass(es)/Goods
CHANEL 0,612,169September 13,1955IC 014 - Necklaces
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ORDER GRANTING PLAINTIFF’S APPLICATIONFOR ENTRY OF PRELIMINARY INJUNCTION
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CHANEL 0,626,035 May 1, 1956 IC 018 – Women’s HandbagsCHANEL 0,902,190November 10,1970IC 014 - Bracelets, Pins, and EarringsCHANEL 0,906,262January 19,1971IC 025 - Coats, Suits, Blouses, andScarvesCHANEL 0,915,139 June 15, 1971 IC 025 - Women's ShoesCHANEL 0,955,074March 13,1973IC 014 – Watches1,241,264 June 7, 1983IC 025 - Suits, Jackets, Skirts, Dresses,Pants, Blouses, Tunics, Sweaters,Cardigans, Tee-Shirts, [Capes,] Coats,Raincoats, [Jackets Made of Feathers,Shawls,] Scarves, Shoes and BootsCHANEL 1,241,265 June 7, 1983IC 025 - Suits, Jackets, Skirts, Dresses,Pants, Blouses, Tunics, Sweaters,Cardigans, [Tee-Shirts, Capes,] Coats,Raincoats, [Jackets Made of Feathers,Shawls,] Scarves, Shoes and Boots1,271,876March 27,1984IC 025 - Clothing-Namely, Coats,Dresses, Blouses, Raincoats, Suits,Skirts, Cardigans, Sweaters, Pants,Jackets, Blazers, [Shawls, Hats] andShoes1,314,511January 15,1985IC 018 - Leather Goods-Namely,Handbags, [Wallets, Travel Bags,Luggage, Credit Card And BusinessCard Cases, Make-Up Bags andVanity Cases Sold Empty, Briefcase-Type Portfolios; Attache Cases,Change Purses, Suitcases, Tote Bags,Garment Bags and Travellers' ShoeBags]1,329,750 April 9, 1985IC 025 - Blouses, Skirts, Sweaters,Cardigans, Dresses [Shawls, Scarves,Hats, Collars, Cuffs and Neckties]CHANEL 1,347,677 July 9, 1985IC 018 - Leather Goods-namely,Handbags [Wallets, Travel Bags,Luggage, Business and Credit CardCases, Brief Case Type Portfolios,
Case 2:11-cv-01508-KJD -PAL Document 22 Filed 10/11/11 Page 3 of 25
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Chanel, Inc. v. Does, 11-Cv-01508-KJD-PAL (D. Nev.; Oct. 11, 2011)
Court issues order approving private seizure of domain names based on complaint by Chanel, Inc. (that the domain names were allegedly used to sell counterfeit goods).
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