A store selling replica Chanel and Louis Vuitton handbags, wallets, watches and other goods once appeared on this domain. The site owners were ordered to transfer the domain name as a result of a civil contempt order to stop the sale of replicas.
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case No. 08-23439-CV-MORENO
|
CHANEL, INC., and v. XXXXXXXXXXXX and XXXXXXXXXXXXXX, individually and jointly, d/b/a
SOFIASREPLICA.COM, 7STARHANDBAGS.COM, AMATORY.BIZ, AMATORYWATCHES.COM, BASICREPLICA.COM, COPYHANDBAGS.COM, DOCTORREPLICA.COM, GRANDJEWELLERY.COM, MYSILVERCITY.COM, MYSILVERCITY.NET, REPLICASUNGLASSES.NET, REPLICAWATCHCITY.COM, EREPLICA.NET, REPLICADREAM.NET, TIMEREPLICA.NET, MARSELE.COM, DREAMJEWELRY.NET
and DOES 1-10
, |
PERMANENT INJUNCTION
THIS CAUSE having come before the Court on Plaintiffs, Chanel, Inc. ("Chanel") and Louis Vuitton Malletier, S.A.'s ("Louis Vuitton") (collectively "Plaintiffs") Memorandum of Points and Authorities in Support of Damages against Defendants XXXXXXXXXXXX and XXXXXXXXXXXXXX, individually and jointly d/b/a sofiasreplica.com, 7starhandbags.com, amatory.biz, amatorywatches.com, basicreplica.com, copyhandbags.com, doctorreplica.com, grandjewellery.com, mysilvercity.com, mysilvercity.net, replicawatchcity.com, replicasunglasses.net, ereplica.net, replicadream.net, timereplica.net, marsele.com, and dreamjewelery.net (collectively the "Defendants"), the Court having granted the Motion, does hereby:
ORDER AND ADJUDGE that Defendants XXXXXXXXXXXX and XXXXXXXXXXXXXX, and their respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby 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 sofiasreplica.com, 7starhandbags.com, amatory.biz, amatorywatches.com, basicreplica.com, copyhandbags.com, doctorreplica.com, grandjewellery.com, mysilvercity.com, mysilvercity.net, replicawatchcity.com, replicasunglasses.net, ereplica.net, replicadream.net, timereplica.net, marsele.com, and dreamjewelery.net, 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 herself 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 XXXXXXXXXXXX and XXXXXXXXXXXXXX, sofiasreplica.com, 7starhandbags.com, amatory.biz, amatorywatches.com, basicreplica.com, copyhandbags.com, doctorreplica.com, grandjewellery.com, mysilvercity.com, mysilvercity.net, replicawatchcity.com, replicasunglasses.net, ereplica.net, replicadream.net, timereplica.net, marsele.com, and dreamjewelery.net, 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 XXXXXXXXXXXX and XXXXXXXXXXXXXX, sofiasreplica.com, 7starhandbags.com, amatory.biz, amatorywatches.com, basicreplica.com, copyhandbags.com, doctorreplica.com, grandjewellery.com, mysilvercity.com, mysilvercity.net, replicawatchcity.com, replicasunglasses.net, ereplica.net, replicadream.net, timereplica.net, marsele.com, and dreamjewelery.net, and/or any other website or business, including, without limitation, handbags, wallets, watches, glasses, hair accessories, key chains, bracelets, earrings, necklaces, rings;
(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 XXXXXXXXXXXX and XXXXXXXXXXXXXX, sofiasreplica.com, 7starhandbags.com, amatory.biz, amatorywatches.com, basicreplica.com, copyhandbags.com, doctorreplica.com, grandjewellery.com, mysilvercity.com, mysilvercity.net, replicawatchcity.com, replicasunglasses.net, ereplica.net, replicadream.net, timereplica.net, marsele.com, and dreamjewelery.net, 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.
DONE AND ORDERED in Miami, Florida this 31st day of March 2009.
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case No. 08-23439-CV-MORENO
|
CHANEL, INC.,a New York corporation and v. XXXXXXXXXXXX and XXXXXXXXXXXXXX, individually and jointly, d/b/a SOFIASREPLICA.COM, 7STARHANDBAGS.COM, AMATORY.BIZ, AMATORYWATCHES.COM, BASICREPLICA.COM, COPYHANDBAGS.COM, DOCTORREPLICA.COM, GRANDJEWELLERY.COM, MYSILVERCITY.COM, MYSILVERCITY.NET, REPLICASUNGLASSES.NET, REPLICAWATCHCITY.COM, EREPLICA.NET, REPLICADREAM.NET, TIMEREPLICA.NET, MARSELE.COM, DREAMJEWELRY.NET and DOES 1-10, |
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND HOLDING DEFENDANTS IN CIVIL CONTEMPT
THE MATTER was referred to the Honorable XXXXXXXXXXXXXXX, United States Magistrate Judge for a Report and Recommendation on Plaintiffs' Motion for Order to Show Cause why Defendants XXXXXXXXXXXX and XXXXXXXXXXXXXX should not be held in civil contempt (D.E. No. 12), filed on April 21, 2009. The Magistrate Judge filed a Report and Recommendation (D.E. No. 24) on July 31, 2009. The Court has reviewed the entire file and record. The Court notes that Defendants have not filed any objection to the Magistrate Judge's Report and Recommendation and the time for doing so has now passed. Accordingly, it is
ADJUDGED that United States Magistrate Judge XXXXXXXXXXXXXXX' Report and Recommendation (D.E. No. 24) and July 31, 2009 is AFFIRMED and ADOPTED. Accordingly, it is
ADJUDGED that Plaintiffs' Motion for Civil Contempt is GRANTED. Without prejudice to ordering additional sanctions, the Court orders as follows:
Verisign, Inc., the Registry of the domain names sofiasreplica.com, 7starhandbags.com, amatorywatches.com, basicreplica.com, copyhandbags.com, doctorreplica.com, grandjewellery.com, mysilvercity.net, replicasunglasses.net, replicawatchcity.com, ereplica.net, replicadream.net, timereplica.net, marsele.com, dreamjewelry.net, amatory-watches.com, replicadepot.net, 7star-handbags.net, replicasun.com, ereplicahandbags.net and aacollections.com, must change, within ten (10) days of its receipt of a copy of this Order, the current registrars to eNom.com, Inc., 15801 NE 24th Street, Bellevue, Washington 98008, which subsequently shall register the domain names in the names of Plaintiffs in the manner instructed by Plaintiffs. Upon transfer, Plaintiffs shall become the Registrants and owners of record.
DONE AND ORDERED in Chambers at Miami, Florida, this 13th day of August, 2009.