A store selling replica Louis Vuitton once appeared at this domain. The owner of the website was ordered to transfer the domain name as a result of a permanent injunction to stop the sale of replicas.
A store selling replica Louis Vuitton once appeared at this domain. The owner of the website was ordered to transfer the domain name as a result of a permanent injunction to stop the sale of replicas.
CASE NO. 09-60034-CIV-DIMITROULEAS
LOUIS VUITTON MALLETIER, S.A.,
a foreign business entity, MARC JACOBS
INTERNATIONAL, LLC, a Delaware limited
liability company, and CELINE, a foreign
business entity,
Plaintiff,
vs.
XXXXXXX, individually and jointly, et al.,
Defendants.
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FINAL ORDER GRANTING DEFAULT JUDGMENT AND PERMANENT INJUNCTION
THIS MATTER having come before the Court upon motion by LOUIS VUITTON MALLETIER, S.A., a foreign business entity (Louis Vuitton); MARC JACOBS INTERNATIONAL, LLC., a Delaware limited liability company (MJI); and CELINE, a foreign business entity (Celine) Motion for Final Default against the Defendants XXXXXXX a/k/a XXXXXXXXX(XX), XXXXXXXXXX(XX), and XXXXXXXX a/k/a XXXXXXXXX(XXXXXXXX), individually and jointly, d/b/a REDTAGPARTY.COM d/b/a SURISBOUTIQUE.COM d/b/a ELUXURYBAGS.NET d/b/a YBAGS.COM d/b/a UBESTBAGS.COM d/b/a DELUXURYBAGS.COM d/b/a AUBAGS.COM (collectively the Defendants;) and the Court having considered the moving papers and there being no opposition thereto;
IT IS HEREBY ORDERED that the Plaintiffs' Motion for Final Default Judgment is GRANTED, and judgment is entered in favor of the Plaintiffs, Louis Vuitton Malleiter, S.A. a foreign business entity; Marc Jacobs International, LLC, a Delaware limited liability company; and Celine, a foreign business entity and against the XXXXXXX a/k/a XXXXXXXXX, XXXXXXXXXX and XXXXXXXX a/k/a XXXXXXXXX, last known to be residing XXXX XXXXX XXXXXX XX., XXX. XXXXX, XXX XXXXX, XX XXXXX, individually and jointly;
IT IS FURTHER ORDERED AND ADJUDGED:
1. Pursuant to 15 U.S.C. § 1117(a) Plaintiffs are awarded attorney's fees against Defendants XXXXXXX a/k/a XXXXXXXXX, XXXXXXXXXX and XXXXXXXX a/k/a XXXXXXXXX, individually and jointly, in the amount of Two Thousand Nine Hundred Seventy-Five Dollars and Zero Cents ($2,975.00), for which let execution issue;
2. Pursuant to 15 U.S.C. § 1117(a) Plaintiffs are awarded investigative fees against Defendants XXXXXXX a/k/a XXXXXXXXX, XXXXXXXXXX and XXXXXXXX a/k/a XXXXXXXXX, individually and jointly, in the amount of Three Thousand One Hundred Twenty-Four Dollars and Forty-Nine Cents ($3,124.49) for which let execution issue;
3. Pursuant to 15 U.S.C. § 1117(a) Plaintiffs are awarded costs against Defendants XXXXXXX a/k/a XXXXXXXXX, XXXXXXXXXX and XXXXXXXX a/k/a XXXXXXXXX, individually and jointly, in the amount of Five Hundred Seventy-Five and Zero Cents ($575.00), for which let execution issue;
4. In order to give practical effect to the Permanent Injunction, the domain names ELuxurybags.net, Deluxurybags.com, and Aubags.com are hereby ordered to be immediately transferred by the Defendants, their assignees and/or successors in interest or title, and the Registrar to Plaintiffs' control. To the extent the current Registrar does not facilitate the transfer of the domain name to Plaintiffs' control within 30 days of receipt of this judgment, the United States based Registry shall transfer the domain names to a United States based Registrar of Plaintiffs' choosing, and that Registrar shall transfer the domain name to Plaintiffs; and
5. Interest from the date this action was filed shall accrue at the legal rate.
6. Defendants XXXXXXXXX, XX, and XXXXXXXXX, 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 Louis Vuitton Marks, the MJI Mark, and/or the Celine Mark (together, Plaintiffs' Marks);
(b) using the Plaintiffs' 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 RedTagParty.com, SurisBoutique.com, ELuxurybags.net, Ybags.com, Ubestbags.com, Deluxurybags.com, Aubags.com, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiffs;
(d) falsely representing themselves as being connected with the Plaintiffs, 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 XXXXXXXXX, XX, XXXXXXXXX, RedTagParty.com, SurisBoutique.com, ELuxurybags.net, Ybags.com, Ubestbags.com, Deluxurybags.com, Aubags.com and/or any other website or business, are in any way endorsed by, approved by, and/or associated with the Plaintiffs;
(f) using any reproduction, counterfeit, copy, or colorable imitation of the Plaintiffs' Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by XXXXXXXXX, XX, XXXXXXXXX, RedTagParty.com, SurisBoutique.com, ELuxurybags.net, Ybags.com, Ubestbags.com, Deluxurybags.com, Aubags.com, and/or any other website or business, including, without limitation, handbags, wallets, watches;
(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 XXXXXXXXX, XX, XXXXXXXXX, RedTagParty.com, SurisBoutique.com, ELuxurybags.net, Ybags.com, Ubestbags.com, Deluxurybags.com, Aubags.com and/or any other website or business, as being those of the Plaintiffs, or in any way endorsed by Plaintiffs;
(h) offering such goods in commerce;
(i) otherwise unfairly competing with the Plaintiffs;
(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 Plaintiffs' 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.
7. The Clerk shall close this case.
8. All pending motions are hereby denied as moot.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 22nd day of May, 2009.
To buy genuine Louis Vuitton goods, please visit a Louis Vuitton boutique or the official Louis Vuitton website