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Chanel, Inc. v. Nella Chunky, LLC

United States District Court, D. Nevada

March 16, 2017

CHANEL, INC., a New York corporation, Plaintiff,
v.
NELLA CHUNKY, LLC, a Nevada limited liability company, d/b/a fresh-tops.com d/b/a freshtops d/b/a fresh-tops d/b/a @freshtops, and DOES 1-10 Defendants.

          ORDER

          GLORIA M. NAVARRO, CHIEF JUDGE

         Having duly considered the unopposed Motion for Default Judgment and Permanent Injunction, (ECF No. 12), filed by Plaintiff Chanel, Inc. ("Plaintiff"), the Court hereby enters this final judgment by default against Defendant Nella Chunky, LLC ("Defendant") pursuant to Rule 55(b) of the Federal Rules of Civil Procedure.

         IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Final Default Judgment is GRANTED, and judgment is entered in favor of Plaintiff, Chanel, Inc., a New York corporation, with its principal place of business in the United States located at Nine West 57th Street, New York, New York 10019, and against Defendant, Nella Chunky, LLC, a Nevada limited liability company, d/b/a fresh-tops.com d/b/a freshtops d/b/a fresh-tops d/b/a @freshtops (the “Defendant”), as follows:

         1. Permanent Injunctive Relief:

         Defendant and its officers, agents, servants, employees and attorneys, and all persons acting in concert and participation with Defendant are hereby permanently 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 Plaintiff's trademarks identified in Paragraph 7 of the First Amended Complaint (the “Chanel Marks”), and identified below:

Trade mark

Registration Number

Registration Date

Class(es)/Goods

(Image Omitted)

4, 241, 822

November 13, 2012

(Int'l Class: 25) Clothing; namely, coats, jackets, dresses, tops, blouses, sweaters, cardigans, skirts, vests, pants, jeans, belts, swim wear, pareos, beach coverups, hats, sun visors, scarves, shawls, ties, gloves, footwear, hosiery and socks

(Image Omitted)

1, 241, 264

(Int'l Class: 25) Suits, jackets, skirts, dresses, pants, blouses, tunics, sweaters, cardigans, tee-shirts, coats, raincoats, scarves, shoes and boots

b. using the Chanel 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 Defendant offered for sale or offered for sale via the Defendant's website operating under the domain name “fresh- tops.com” (the “Subject Domain Name, ” via any social media platform, including, but not limited to, instagram.com, tmblr.com, and/or facebook.com (collectively, the “Social Media”), and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Plaintiff;
d. falsely representing themselves as being connected with Plaintiff, 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 Defendant offered for sale or sold via the Defendant's Subject Domain Name, Social Media and/or any other website or business are in any way endorsed by, approved by, and/or associated with Plaintiff;
f. using any reproduction, counterfeit, copy, or colorable imitation of the Chanel Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by Defendant via the Defendant's Subject Domain Name, Social Media and/or any other website or business, including, without limitation, clothing products, including, pants, shirts and blouses;
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 offered for sale or sold by Defendant via the Defendant's Subject Domain Name, Social Media, and/or any other website or business, as being those of Plaintiff or in any way endorsed by Plaintiff;
h. otherwise unfairly competing with Plaintiff; and
i. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding ...

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