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Chanel, Inc. v. 8Creplicachanel.Com

United States District Court, S.D. Florida

July 29, 2019

CHANEL, INC., Plaintiff,
v.
8CREPLICACHANEL.COM, et al., Defendants.

          ORDER GRANTING APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION

          RODNEY SMITH UNITED STATES DISTRICT JUDGE

         THIS CAUSE came before the Court upon Plaintiff's Application for Entry of Preliminary Injunction (the “Application”) [DE 5]. The Court has carefully reviewed the Application and the record and is otherwise fully advised in the premises.

         By the instant Application, Plaintiff, Chanel, Inc. (“Plaintiff”) moves for entry of a preliminary injunction against Defendants, the Individuals, Partnerships, and Unincorporated Associations identified on Schedule “A” hereto (collectively “Defendants”), pursuant to 15 U.S.C. § 1116 and Fed.R.Civ.P. 65, and The All Writs Act, 28 U.S.C. § 1651(a).

         The Court convened a hearing on July 29, 2019, at which only counsel for Plaintiff was present and available to present evidence supporting the Application [DE 5]. Because Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, the Court will now grant Plaintiff's Application for Preliminary Injunction [DE 5].

         I. Factual Background[1]

         Plaintiff is the owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “Chanel Marks”):

Trademark

Registration Number

Registration Date

Classes/Goods

CHANEL

0, 626, 035

May 1, 1956

IC 018 - Women's Handbags

(Image Omitted)

1, 241, 264

June 7, 1983

IC 025 - Suits, Jackets, Skirts, Dresses, Pants, Blouses, Tunics, Sweaters, Cardigans, Tee-Shirts, Coats, Raincoats, Scarves, Shoes And Boots

CHANEL

1, 241, 265

June 7, 1983

IC 025 - Suits, Jackets, Skirts, Dresses, Pants, Blouses, Tunics, Sweaters, Cardigans, Coats, Raincoats, Scarves, Shoes and Boots

(Image Omitted)

1, 314, 511

January 15, 1985

IC 018 - Leather Goods-Namely, Handbags

CHANEL

1, 347, 677

July 9, 1985

IC 018 - Leather Goods-Namely, Handbags

(Image Omitted)

1, 501, 898

August 30, 1988

IC 006 - Keychains

IC 014 - Costume Jewelry

IC 025 - Blouses, Shoes, Belts,

Scarves, Jackets, Men's Ties

IC 026 - Brooches and Buttons for

Clothing

CHANEL

1, 733, 051

November 17, 1992

IC 018 - Leather Goods; namely, Handbags, Wallets, Travel Bags, Luggage, Business and Credit Card Cases, Change Purses, Tote Bags, Cosmetic Bags Sold Empty, and Garment Bags for Travel

(Image Omitted)

1, 734, 822

November 24, 1992

IC 018 - Leather Goods; Namely, Handbags, Wallets, Travel Bags, Luggage, Business Card Cases, Change Purses, Tote Bags, and Cosmetic Bags Sold Empty

J12

2, 559, 772

April 9, 2002

IC 014 - Timepieces; Namely, Watches, and Parts Thereof

CHANEL

3, 133, 139

August 22, 2006

IC 014 - Jewelry and Watches

(Image Omitted)

4, 074, 269

December 20, 2011

IC 009 - Protective Covers for Portable

Electronic Devices, Handheld Digital

Devices, Personal Computers and Cell

Phones

IC 018 - Key Cases

         (See Declaration of Jennifer Bleys in Support of Plaintiff's Application for Preliminary Injunction (“Bleys Decl.”) ¶ 4; see also United States Trademark Registrations of the Chanel Marks at issue attached as Composite Exhibit 1 to the Complaint [DE 1-2].) The Chanel Marks are used in connection with the manufacture and distribution of high quality luxury goods in the categories identified above. (See id. ¶¶ 4-5.)

         Defendants, through the fully interactive, [2] commercial Internet websites and supporting domains operating under their domain names identified on Schedule “A” hereto (the “Subject Domain Names”), have advertised, promoted, offered for sale, or sold goods bearing what Plaintiff has determined to be counterfeits, infringements, reproductions, and/or colorable imitations of the Chanel Marks. (See Bleys Decl. ¶¶ 9-11; see also relevant web pages from Defendants' Internet websites operating under the Subject Domain Names attached as Composite Exhibit 2 to the Complaint [DE 1-3 through 1-5].)

         Although each Defendant may not copy and infringe each Chanel Mark for each category of goods protected, Plaintiff has submitted sufficient evidence showing each Defendant has infringed, at least, one or more of the Chanel Marks. (See Bleys Decl. ¶¶ 10-11.) Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the Chanel Marks. (See Id. ¶¶ 9-11.)

         Plaintiff's representative reviewed and visually inspected the detailed web page captures reflecting the products offered for sale[3] bearing the Chanel Marks via Defendants' Subject Domain Names, and determined the products were non-genuine, unauthorized versions of Plaintiff's products, or used images of authentic products in order to facilitate the sale of non-genuine versions of Plaintiff's products. (See Bleys Decl. ¶¶ 10-11.)

         On July 12, 2019, Plaintiff filed its Complaint [DE 1] against Defendants for federal trademark counterfeiting and infringement, false designation of origin, cybersquatting, common law unfair competition, and common law trademark infringement. On July 12, 2019, Plaintiff filed its Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction [DE 5]. On July 16, 2019, this Court entered an Order Granting Ex Parte Application for Entry of Temporary Restraining Order (the “TRO”) [DE 7] and temporarily restrained Defendants from infringing the Chanel Marks at issue. Pursuant to the Court's July 16, 2019 TRO, Plaintiff properly served Defendants with a copy of the Complaint, and all filings in this matter, and the Court's July 16, 2019 TRO [see DE 13, 14, 15]. On July 29, 2019, the Court conducted a hearing on Plaintiff's Application, at which only counsel for Plaintiff was in attendance.

         II. Legal Standard

         In order to obtain a preliminary injunction, a party must demonstrate “(1) [there is] a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest.” Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. ...


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