THIS MATTER having come before the Court upon Plaintiff, Chanel, Inc.’s Motion for Final Default Judgment against Defendant Bo Ling, and the Court having considered the moving papers and there being no opposition thereto;
IT IS HEREBY ORDERED that Plaintiff’s Motion for 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 Bo Ling;
IT IS FURTHER ORDERED AND ADJUDGED
1. Pursuant to 15 U.S.C. § 1117(c) Plaintiff is awarded statutory damages against Defendant in the amount of Four Hundred and Twenty Thousand Dollars and Zero Cents ($420,000.00), for which let execution issue;
2. Pursuant to 15 U.S.C. § 1117(d) Plaintiff is awarded statutory damages against Defendant in the amount of One Hundred and Fifty Thousand Dollars and Zero Cents ($150,000.00), for which let execution issue;
3. Plaintiff is awarded costs against Defendant in the amount of Six Hundred and Fifty Dollars and Zero Cents ($650.00), for which let execution issue;
4. Prejudgment interest from the date this action was served shall accrue at the legal rate;
5. In order to give practical effect to the Permanent Injunction, the domain names identified on the attached Schedule “A” (collectively the “Subject Domain Names”) are hereby ordered to be immediately transferred by Defendant, his assignees and/or successors in interest or title, and the Registrars to Plaintiff’s control. To the extent the current Registrars do not facilitate the transfer of the Subject Domain Names to Plaintiff’s control within ten (10) days of receipt of this judgment, the United States based Registry shall, within thirty (30) days, transfer the Subject Domain Names to a United States based Registrar of Plaintiff’s choosing, and that Registrar shall transfer the Subject Domain Names to Plaintiff; and
6. Upon Plaintiff’s request, the top level domain (TLD) Registries for the Subject Domain Names, within thirty (30) days of receipt of this Order, shall place the Subject Domain Names on Registry Hold status, thus removing them from the TLD zone files maintained by the Registry which link the Subject Domain Name to the IP address where the associated website is hosted.
IT IS SO ORDERED
Dated: August 2, 2010
THIS MATTER having come before the Court upon Plaintiff Chanel, Inc.’s Motion for Final Default Judgment against Defendant Bo Ling, the Court having granted the Motion, does hereby:
ORDER AND ADJUDGE that Defendant Bo Ling, and his respective officers, agents, servants, employees, alter egos, and attorneys, and all persons in active concert and participation with him 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 Chanel Marks identified in paragraph 3 of the Complaint;
(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 sold via the domain names identified on the attached Schedule “A” (collectively the “Subject Domain Names”) and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Chanel;
(d) falsely representing himself as being connected with Chanel, 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 and sold via the Subject Domain Names, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Chanel;
(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 Subject Domain Names, and/or any other website or business, including, without limitation, handbags, wallets, shoes, boots, sunglasses, watches, and jewelry;
(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 Subject Domain Names, and/or any other website or business, as being those of Chanel or in any way endorsed by Chanel;
(h) otherwise unfairly competing with Chanel; and
(i) 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.
IT IS SO ORDERED
Dated: August 2, 2010