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USDC IN/ND case 2:14-cv-00304-TLS-PRC document 18 filed 02/12/15 page 1 of 8

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UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF INDIANA

CHANEL, INC.,
Plaintiff,
v.
CHANELS SALON LLC, and CHANEL
JONES,
Defendants.

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CAUSE NO.: 2:14-CV-304-TLS

CONSENT JUDGMENT
Plaintiff Chanel, Inc. (Chanel) having filed a complaint against Defendants Chanels
Salon, LLC, an Indiana limited liability company with a principal place of business at 411 West
81st Avenue, Merrillville, Indiana 46410 and Chanel Jones, an individual residing at 7710 Grant
Street, Unit C, Merrillville, Indiana 46410 (collectively Defendants) for trademark
infringement under Section 32(1) of the United States Trademark Act of 1946, as amended (the
Lanham Act), 15 U.S.C. 1114(1); unfair competition under Section 43(a) of the Lanham Act,
15 U.S.C. 1125(a); trademark dilution under Section 43(c) of the Lanham Act, 15 U.S.C.
1125(c); and trademark infringement and unfair competition under the common law of Indiana
(the Civil Action), all arising out of Defendants commercial use of Chanels federally
registered trademark CHANEL as part of the business and trade name CHANELS SALON a/k/a
CHANELS COSMETOLOGY SALON; and
Defendants having been duly served with a copy of the Summons and Complaint in the
Civil Action, having had an opportunity to retain counsel to represent them in the Civil Action,
having answered the Complaint on behalf of the individual Chanel Jones, and having participated
in discussions with this Court; and

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Chanel and Defendants having agreed to settle the Civil Action by entering into this Final
Order and Judgment on Consent for Permanent Injunction (the Judgment) on the terms set
forth herein; and
This Court having made the following findings and conclusions:
A.

The Court has jurisdiction over the subject matter of this action pursuant to

Section 39 of the Lanham Act, 15 U.S.C. 1121, and under 1331, 1338(a) and 1338(b) of the
Judicial Code, 28 U.S.C. 1331, 1338(a) and (b). The Court has supplemental jurisdiction over
the state law claims in this matter under 1367(a) of the Judicial Code, 28 U.S.C. 1367(a).
B.

The Court has personal jurisdiction over both Chanels Salon LLC and Chanel

Jones because both reside and do business in this District.


C.

Venue is proper in this District pursuant to 1391(b) of the Judicial Code, 28

U.S.C. 1391(b).
D.

Defendants acknowledge that the Court has jurisdiction over them to enforce this

Judgment against them; consent to entry of this Judgment; and have the legal capacity to enter
into this Judgment and to carry out all obligations and requirements herein.
E.

Chanel Jones, as the individual Defendant and sole owner of Chanels Salon,

LLC, has the power and authority to sign on behalf of, enter into agreements on behalf of, and to
otherwise bind both herself and Chanels Salon, LLC on whose behalf she is executing this
Judgment.
F.

This action arises out of Defendants use of the name CHANELS SALON a/k/a

CHANELS COSMETOLOGY SALON as the name of a hair and beauty salon.


G.

The names CHANELS SALON a/k/a CHANELS COSMETOLOGY SALON

each incorporate Chanels federally-registered trademark CHANEL.

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H.

The commercial use of the names Chanels Salon and Chanels Cosmetology

Salon, notwithstanding that the owners name is Chanel Jones, constitutes an infringement of the
CHANEL mark, dilutes the CHANEL mark, and otherwise violates 15 U.S.C. 1114(1),
1125(a), 1125(c), as well as Indiana common law.
I.

In connection with the entry of this Judgment, Defendants have made the

following representations and warranties each of which is a material term of and forms the basis
for entry into this Judgment and on which Chanel and the Court have relied:
(i)

Chanel Jones is the sole principal of Chanels Salon, LLC.

(ii)

Other than the business entity Chanels Salon, LLC, and the single salon

CHANELS SALON a/k/a CHANELS COSMETOLOGY SALON, Defendants have no


ownership interest in any business that includes as part of its name, the term Chanel,
Chanels, Chanels (regardless of punctuation), the letter string C-H-A-N-E-L, any
misspelling or phonetic equivalent of Chanel(s), and any simulation, reproduction, copy,
colorable imitation or confusingly similar variation of CHANEL (each individually and
collectively the Prohibited Mark(s)) and does not use any trade name or trademark that
includes a Prohibited Mark other than the name CHANELS SALON a/k/a CHANELS
COSMETOLOGY SALON;
(iii)

Defendants have not filed any papers with any federal, state or local governmental

office seeking to do business under a name that includes a Prohibited Mark, other than
registering the company name Chanels Salon, LLC with the Indiana Secretary of State, Entity
No. 2012100400345;
(iv)

Defendants sole commercial use of any Prohibited Mark is as part of the business

name CHANELS SALON a/k/a CHANELS COSMETOLOGY SALON, which is a single

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salon located at 411 West 81st Avenue, Merrillville, Indiana 46410;


(v)

Defendants do not use the name CHANELS SALON or CHANELS

COSMETOLOGY SALON, or any Prohibited Mark as a user name, account name, or in any
other visible manner, or as a source code, in metatags, page tags, or otherwise in or on any social
media other than in connection with a Facebook page.
(vi)

Defendants have not licensed, authorized or permitted any third party to use the

names CHANELS SALON or CHANELS COSMETOLOGY SALON or any other name that
includes in whole or in part a Prohibited Mark;
(vii)

Chanel Jones, signing on behalf of and as the owner of Chanels Salon, LLC,

acknowledges that this Court can enter into this Judgment that is binding on her individually and
on her company Chanels Salon, LLC; and
(viii) Entry into this Judgment does not violate any other agreements that Defendants
have entered into with any third party and Defendants have the right and ability to carry out all
terms of this Judgment.
NOW THEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED as
follows:
1.

Chanel Jones; Chanels Salon, LLC; any affiliate, division, subsidiary, related or

sister company, parent, predecessor, successor, assign or transferee, of Chanels Salon, LLC; any
officer, agent, shareholder, member, representative, principal, owner, director, manager of
Chanels Salon, LLC; any company or business now or in the future owned in majority part by or
under control or management of Chanels Salon, LLC or its successor in interest or by Chanel
Jones, or common management with Chanels Salon, LLC or its successor; any transferee of
Chanel Jones; any company in which Chanel Jones now or in the future is the registered agent or

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is a controlling officer, director, member, manager or of which Chanel Jones either now or in the
future is otherwise a majority stockholder; any company or entity now or in the future under the
control, ownership or management of Chanel Jones; any successor, assign, heir or transferee of
any of the foregoing (collectively the Enjoined Parties), who or which receives notice of this
Judgment directly or otherwise, are hereby permanently enjoined and forever restrained from:
(a)

using for commercial purposes any Prohibited Mark alone or in combination

with other words, terms, letters, symbols or designs, as a business name, trade name, company
name, corporate name, d/b/a, fictitious business name, trademark, service mark, domain name or
to otherwise identify any business, services or products;
(b)

using for commercial purposes any Prohibited Mark alone or in combination

with other words, terms, letters, symbols or designs, in connection with the offering, promotion,
provision, advertisement of any business, product or service;
(c)

using a Prohibited Mark on business cards, signage, brochures, flyers, postcards,

letterhead, business stationery, advertising and promotional material, product packaging; on


printed or written materials distributed, made available to or accessible to the public through any
media now existing or hereinafter created; in any phone books, yellow pages, business to
business directories and any other directories including online directories such as Yelp! and
Directory Assistance; in or as part of any keyword, metatag, page tag, or source code;
on or in connection with any website or social media platform used to provide any goods,
businesses or services or to advertise or promote any goods, business or services; on or in
connection with the display, promotion, advertising, marketing, distribution, dissemination,
offering for sale, sale or other provision of any goods, businesses or services through any means
or any channels of trade; as or as part of any Internet keyword or search term or used in any way

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to generate sponsored or other Internet search results;


(d)

applying to register or registering in the United States Patent and

Trademark Office or any state registry any mark that consists in whole or in part of or that
includes a Prohibited Mark;
(e)

engaging in any activity constituting unfair competition with Chanel,

constituting an infringement of the CHANEL mark, or diluting the CHANEL mark;


(f)

assisting, aiding or abetting any other person or business entity in

engaging in or performing any of the activities referred to in subparagraphs (a) through (e)
above.
2.

Notwithstanding the above, Defendants shall have until February 15, 2015 to

cease all use of the name CHANELS SALON or CHANELS COSMETOLOGY SALON and
any other commercial uses of the Prohibited Mark and to remove all references to or uses of the
Prohibited Mark from Facebook and any other social media sites including as the user name,
account name or on the home page of any social media sites; all brick-and-mortar locations of
Chanels Salon (including signage at or associated with such a location, including general
signage within any shopping center); any other website or social media platform that Defendants
own or over which they can exercise control; any business or other directory, whether in print or
online (including but not limited to Yelp!); and any advertising, promotional, marketing or other
print or visual materials regardless of media distributed by or for Defendants or provided or
placed by Defendants, including business materials, business cards, business signage, order
forms, labels, stationery, and brochures.
3.

By no later than February 15, 2015, Defendants shall destroy all material in their

possession, custody or control bearing the trade name CHANELS SALON or CHANELS

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COSMETOLOGY SALON or otherwise bearing a Prohibited Mark.


4.

By no later than February 15, 2015, Defendants shall amend all corporate filings

for Chanels Salon, LLC to reflect a name that does not include a Prohibited Mark and shall send
proof of the same to Chanel. Defendants may not file for any trade name registration, business
entity registration, d/b/a, fictitious business name or otherwise register to do business under any
name that includes a Prohibited Mark.
5.

Defendants shall file with the Court and serve upon Chanels counsel by February

20, 2015 a report in writing under oath setting forth in detail the manner and form in which
Defendants have complied with the above requirements.
6.

Should this Court or any other Court determine that any of the Enjoined Parties

has violated any provision of this Judgment, failed to comply with any of the obligations
contained in this Judgment or made any error or omission in any of the representations contained
in this Judgment, and to the extent such failure is curable the Enjoined Party fails to cure such
breach within five (5) business days of notice of the same by Chanel, such a finding shall
constitute contempt of a Court order and Chanel shall be entitled to all relief under 18 U.S.C.
401, et. seq.
7.

This Judgment shall resolve those claims and demands that were asserted in the

Civil Action as well as all defenses and counterclaims, permissive or compulsory, that were or
could have been asserted by Defendants in the Civil Action or that arise out of the same nexus of
facts as the Civil Action and all relief and remedies requested in the Civil Action and shall
constitute a final adjudication of the merits as to any such claims, counterclaims, defenses,
remedies and relief. Nothing herein may be read to prohibit Jones from using her personal name
(including Chanel or Chanel Jones) solely in a personal, non-commercial capacity, or to

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otherwise identify herself, provided that Ms. Jones does not use her name in any manner that
suggests an affiliation or relationship with Chanel.
8.

The parties to this Judgment waive all right to appeal from entry of this Judgment.

9.

By their signatures and acknowledgments below, the parties understand and agree

to be bound by the terms of this Judgment.


10.

Defendants acknowledge they have had the opportunity to obtain advice of

counsel with respect to this Judgment. Defendants further acknowledge that the decision to enter
into this Judgment has been made freely and is not the product or the result of coercion or duress.
11.

This Court shall retain jurisdiction over this matter and the parties to it to enforce

the terms of the Judgment and for purposes of making any other orders necessary to implement
the terms of this Judgment and to punish or award damages for violation thereof. In connection
with any further proceedings concerning the subject matter of this Judgment, including the
enforcement of this Judgment, service on Chanel Salon, LLC or Chanel Jones shall be deemed
effective by mailing a copy of any motion papers or other pleadings to 7710 Grant Street, Unit
C, Merrillville, Indiana 46410 and a copy to 411 West 81st Ave., Merrillville, Indiana
46410..
12.

This Judgment is a final judgment terminating all claims in the Civil Action and is

made part of the public record.


SO ORDERED on February 12, 2015.
s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT
FORT WAYNE DIVISION