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Chanel, Inc. v. Orosz

United States District Court, D. Nevada

April 5, 2017

CHANEL, INC., a New York corporation, Plaintiff,
v.
CALE OROSZ a/k/a CALE ROSS OROSZ a/k/a CALE MATTHEWS, an individual, pd/b/a designfuzz.com d/b/a @DesignFuzzCom d/b/a design fuzz d/b/a Ecello Electronics, LLC d/b/a Ecello Electronics and DOES 1-10 Defendants.

          Sheri Thome J. Scott Burris WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys for Plaintiff Chanel, Inc.

          FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION

          GLORIA M. NAVARRO CHIEF JUDGE UNITED STATES DISTRICT JUDGE

         Having duly considered the unopposed Motion for Default Judgment and Permanent Injunction, (ECF No. 14), filed by Plaintiff Chanel, Inc. ("Plaintiff"), the Court hereby enters this final judgment by default against Defendant Cale Orosz ("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 Cale Orosz a/k/a Cale Ross Orosz a/k/a Cale Matthews, an individual, d/b/a designfuzz.com d/b/a @DesignFuzzCom d/b/a design fuzz d/b/a Ecello Electronics, LLC d/b/a Ecello Electronics (the “Defendant”), as follows:

         1. Permanent Injunctive Relief:

         Defendant and his 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 Complaint (the “Chanel Marks”), and identified below:

Trademark

Registration Number

Registration Date

Class(es)/Goods

CHANEL

3, 890, 159

December 14, 2010

(Int'l Class: 9) Cases for telephones (Int'l Class: 18) Key cases

(Image Omitted)

4, 074, 269

December 20, 2011

(Int'l Class: 9) Protective covers for portable electronic devices, handheld digital devices, personal computers and cell phones (Int'l Class: 16) Temporary tattoos (Int'l Class: 18) Key cases

(Image Omitted)

1, 734, 822

November 24, 1992

(Int'l Class: 18) Leather goods; namely, handbags, wallets, travel bags, luggage, business card cases, change purses, tote bags, and cosmetic bags sold empty

CHANEL

1, 647, 875

June 18, 1991

(Int'l Class: 6) Keychains

(Image Omitted)

1, 501, 898

August 30, 1988

(Int'l Class 6) - Keychains (Int'l Class 14) - Costume jewelry (Int'l Class 16) - Gift wrapping paper (Int'l Class) 25 - Blouses, shoes, belts, scarves, jackets, men's ties (Int'l Class 26) - Brooches, buttons for clothing

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 “designfuzz.com” (the “Subject Domain Name”), via any social media platform, including, but not limited to, instagram.com, twitter.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, keychains, cases for telephones, and protective covers for portable electronic devices, and tote bags;
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 ...

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