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Chanel, Inc. v. 8Creplicachanel.Com

United States District Court, S.D. Florida

August 28, 2019

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

          FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION

          Rodney Smith United States District Judge.

         THIS CAUSE is before the Court upon Plaintiff's Motion for Entry of Final Default Judgment Against Defendants (the “Motion”) [DE 24], filed herein on August 26, 2019. The Court granted the Motion in an Order entered separately today. Pursuant to Federal Rule of Civil Procedure 58(a), the Court enters this separate final judgment.

         Accordingly, it is ORDERED AND ADJUDGED that Final Default Judgment is hereby entered in favor of Plaintiff, Chanel, Inc. (“Plaintiff”) and against Defendants, the Individuals, Partnerships, and Unincorporated Associations identified on Schedule “A” hereto (collectively “Defendants”) as follows:

         (1) Permanent Injunctive Relief:

         Defendants and their officers, directors, employees, agents, subsidiaries, distributors, and all persons acting in concert or participation with Defendants 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 bearing Plaintiff's trademarks, or any confusingly similar trademarks identified in Paragraph 17 of the Complaint (the “Chanel Marks”);
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 Defendants 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 Defendants 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 Defendants;
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 Defendants as being those of Plaintiff or in any way endorsed by Plaintiff;
h. otherwise unfairly competing with Plaintiff;
i. using the Chanel Marks or any confusingly similar trademarks, within domain name extensions, metatags or other markers within website source code, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines' databases or cache memory, and from any other form of use of such terms which are visible to a computer user or ...

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