IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF SOUTH FLORIDA
Miami Division
CASE NO. 09-cv-23618-JAL
LOUIS VUITTON MALLETIER, S.A.,
a foreign business entity,
Plaintiff,
v.
GARNIK XXXXXXXXXX and DOES 2-10,
individually and jointly, d/b/a
FANTASTICREPLICA.COM d/b/a
FANTASTIC REPLICA,
Defendants.
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FINAL DEFAULT JUDGMENT
THIS MATTER having come before the Court upon Louis Vuitton Malletier, S.A.’s (“Louis Vuitton”) Amended Motion for Final Default Judgment against Defendant Garnik XXXXXXXXXX (“XXXXXXXXXX” or the “Defendant”), and the Court having considered the moving papers and there being no opposition thereto;
IT IS HEREBY ORDERED that Plaintiff’s Amended Motion for Final Default Judgment is GRANTED, and judgment is entered in favor of Plaintiff, Louis Vuitton Malletier, S.A., a foreign business entity, with its principal place of business located in Paris, France and against Defendant XXXXXXXXXX;
IT IS FURTHER ORDERED AND ADJUDGED:
- Pursuant to 15 U.S.C. §§ 1117(a) and (b) and 17 U.S.C. § 505, Louis Vuitton is awarded attorney’s fees against Defendant XXXXXXXXXX in the amount of Five Thousand Six Hundred Dollars and Zero Cents ($5,600.00) for which let execution issue;
- Pursuant to 15 U.S.C. § 1117(a) and 17 U.S.C. § 505, Louis Vuitton is awarded costs against Defendant XXXXXXXXXX in the amount of Seven Hundred Dollars and Zero Cents ($700.00), for which let execution issue;
- Interest from the date this action was filed shall accrue at the legal rate.
- In order to give practical effect to the Permanent Injunction, the domain name fantasticreplica.com is hereby ordered to be immediately transferred by the Defendant, his assignees and/or successors in interest or title, and the Registrar to Plaintiff’s control. To the extent the current Registrar does not facilitate the transfer of the domain name 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 domain name to a United States based Registrar of Plaintiff’s choosing, and that Registrar shall transfer the domain name to Plaintiff; and
- Upon Plaintiff’s request, the top level domain (TLD) Registry for the Subject Domain Name, within thirty (30) days of receipt of this Order, shall place the Subject Domain Name on Registry Hold status, thus removing it 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.
- Upon Plaintiff’s request, the Defendant, those acting in concert with him, and those with notice of the injunction, including any Internet search engines, Web hosts, domain-name registrars and domain-name registries that are provided with notice of the injunction, shall cease facilitating access to any or all websites through which Defendant engages in the sale of counterfeit and infringing goods using the Louis Vuitton Marks and/or Copyrighted Works.
DONE AND ORDERED in Miami, Florida, this 12 day of May, 2010.
PERMANENT INJUNCTION
THIS MATTER having come before the Court upon Plaintiff, Louis Vuitton Malletier, S.A.’s (“Louis Vuitton or “Plaintiff”) Amended Motion for Final Default Judgment against Defendant Garnik XXXXXXXXXX (“XXXXXXXXXX”), the Court having granted the Amended Motion does hereby:
ORDER AND ADJUDGE that XXXXXXXXXX and his respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with him are hereby permanently restrained and enjoined from:
- manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Louis Vuitton Marks and/or Copyrighted Works;
- using the Louis Vuitton Marks and/or Copyrighted Works in connection with the sale of any unauthorized goods;
- using any logo, and/or layout which may be calculated to falsely advertise the services or products of XXXXXXXXXX, fantasticreplica.com, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Louis Vuitton;
- falsely representing himself as being connected with Louis Vuitton, through sponsorship or association;
- 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 XXXXXXXXXX, fantasticreplica.com, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Louis Vuitton;
- using any reproduction, counterfeit, copy, or colorable imitation of the Louis Vuitton Marks and/or Copyrighted Works in connection with the publicity, promotion, sale, or advertising of any goods sold by XXXXXXXXXX, fantasticreplica.com, and/or any other website or business, including, without limitation, handbags, wallets, checkbook holders, cosmetic cases, key chains, and key holders;
- 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 by XXXXXXXXXX, fantasticreplica.com, and/or any other website or business, as being those of Louis Vuitton or in any way endorsed by Louis Vuitton;
- offering such goods in commerce;
- otherwise unfairly competing with Louis Vuitton;
- secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books or records which contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products which infringe the Louis Vuitton Marks and/or Copyrighted Works; and
- 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.
FURTHER ORDER AND ADJUDGE: upon Plaintiff’s request, Defendant, those acting in concert with him, and those with notice of the injunction, including any Internet search engines, Web hosts, domain-name registrars and domain-name registries that are provided with notice of the injunction, shall hereby cease from facilitating access to any or all websites through which Defendant engages in the sale of counterfeit and infringing goods using the Louis Vuitton Marks and/or Copyrighted Works.
DONE AND ORDERED in Miami, Florida, this 12 day of May, 2010.
