Friday, November 25, 2011

Final Default Judgment And Long Lasting Injunction

(b) producing utilization of the Chanel signifies in network using the profit of any unauthorized goods;

3. Chanel is awarded investigative costs toward the Defendant inside the quantity of Eight Hundred Sixty-Nine bucks and Zero Cents ($869.00) for which allow execution issue;

THIS induce owning appear preceding to the Court on app for last Default Judgment by Plaintiff Chanel, Inc. ("Chanel"), the Court owning granted the Motion, does hereby:

4.Chanel is awarded costs toward the Defendant inside the quantity of Eight Thousand three Hundred Thirty-Six bucks and Zero Cents ($8,336.00), for which allow execution issue;

6. So that you simply can give useful effect toward the long lasting Injunction, the domain names Chanelimage.com and Alleghanymoonvarietystore.com are hereby ordered getting swiftly transferred from the Defendant as well as the Registrar to Chanel's control. toward the level the most recent Registrar refuses to recognize this Court's authority and move the domain name to Chanel's control, the united states dependent Registry should move the domain names to some United States dependent Registrar of Chanel's choosing, and that Registrar should move the domain name to Chanel.

2. Pursuant to 15 U.S.C. § 1117(a) Chanel is awarded attorneys' costs toward the Defendant inside the quantity of Fifty Thousand bucks ($50,000.00), for which allow execution issue;

(i) secreting, destroying, altering, removing, or otherwise dealing using the unauthorized options or any guides or information which comprise any particulars relating toward the importing, manufacturing, producing, distributing, circulating, selling, marketing, providing for sale, advertising, promoting, renting or displaying of all unauthorized options which infringe the Chanel Marks; and

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(a) production or developing getting manufactured, importing, advertising, or promoting, distributing, marketing or providing to market counterfeit and infringing products producing utilization of the Chanel Marks;

(f) affixing, applying, annexing or producing utilization of in network using the profit of any goods, a false explanation or representation, which include paragraphs or other symbols tending to falsely describe or represent Defendant's products as getting those people of Chanel or in any way endorsed by Chanel;

ORDER AND ADJUDGE that last Default Judgment is hereby granted in favor of Plaintiff, Chanel, Inc., a producer ny corporation, with its principal area of institution inside the united states situated at 9 West 57th Street, New York, ny 10019, and toward the Defendant, Defendant Connie Fraley a/k/a Connie Gault a/k/a Connie Cochrell d/b/a Chanelimage.com d/b/a Alleghany Moon d/b/a Alleghanymoonvarietystore.com (hereafter "Fraley" or "Defendant"), on all counts.

IT IS even more ORDERED AND ADJUDGED that Defendant and her officers, agents, servants, personnel and attorneys, and all people in energetic concert and participation with her are hereby restrained and enjoined from:

(d) engaging in any work that is possibly to falsely induce people inside the industry and/or inside the buying neighborhood to think any products or options of Defendant, are in any way endorsed by, authorized by, and/or associated to Chanel;

(h) otherwise unfairly competing with Chanel;

5. Attention inside the day this actions was filed should accrue on the lawful cost inside the day hereof;

1. Pursuant to 15 U.S.C. § 1117(c) Chanel is awarded statutory damages toward the Defendant inside the quantity of Eighty-Sixty Thousand Two Hundred Seventy-Seven bucks and Zero Cents ($86,277.00), for which allow execution issue;

(e) producing utilization of any reproduction, counterfeit, copy, or colorable imitation inside the Chanel signifies in network using the publicity, promotion, sale, or marketing of any products marketed by Defendants and/or any other internet site or business, including, without the need of limitation;

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(c) falsely representing by themselves as getting linked with Chanel by making use of sponsorship or association;

(g) providing this sort of products in commerce;

(j) effecting assignments or transfers, forming new entities or associations or utilizing any other unit to the aim of circumventing or otherwise keeping away from the prohibitions arranged forth above.

IT IS even more ORDERED AND ADJUDGED:

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