UNITED STATES DISTRICT
COURT
SOUTHERN DISTRICT OF
FLORIDA
CASE NO.
08-cv-60621-LENARD-GARBER
a New York Corporation
Plaintiff,
vs.
ALBERT MARTIN KAUFMAN, et al.
Defendants.
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FINAL DEFAULT JUDGMENT
AND PERMANENT
INJUNCTION
THIS CAUSE having come before
the Court upon Plaintiff’s Motion for Final Default Judgment, and the Court
having granted the Motion, does hereby further ORDER AND ADJUDGE as follows:
(1) Default Judgment is ENTERED
in favor of the Plaintiff, Chanel, Inc. (“Chanel”), with its principal place of
business in the United States located at Nine West 57th Street, New York, New York
10022, and against the Defendants, Albert Martin Kaufman d/b/a Rlcv.com d/b/a
Knockoffitems.com d/b/a Transcontinental Marketing d/b/a Replica Lovers d/b/a
Transcontinentalmarketing.com d/b/a Rbbuys d/b/a Replicabuys d/b/a Professoralk, and Transcontinental Marketing, Inc., a
Florida corporation, d/b/a Rlcv.com d/b/a Knockoffitems.com d/b/a
Transcontinental Marketing d/b/a Replica Lovers d/b/a Transcontinentalmarketing.com
d/b/a Rbbuys d/b/a Replicabuys
d/b/a Professoralk d/b/a Replicasee.com (collectively
the “RLCV Defendants”), located at 9840 SW 4th Street,
Plantation, Florida 33324;
(2) Pursuant to 15 U.S.C. §
1117(c), Chanel is awarded statutory damages against the RLCV Defendants,
jointly and severally, in the amount of nine hundred and fifty one
thousand three hundred and fifty three
dollars and twenty-eight cents ($951,353.28), for which let execution issue;
(3) Chanel is awarded its
attorney’s fees against the RLCV Defendants, jointly and severally, in the
amount of five thousand and seventy-five dollars and no cents ($5,075.00),
for which let execution issue;
(4) Chanel is awarded its costs
against the RLCV Defendants, jointly and severally, in the amount of six
hundred and fifty dollars and no cents ($650.00), for which let execution
issue;
(5) Chanel is awarded its
investigative fees against the RLCV Defendants, jointly and severally, in the
amount of one thousand eight hundred and twenty eight dollars and zero
cents ($1,828.00), for which let
execution issue;
(6) In order to give practical
effect to this Court’s concurrently issued Permanent Injunction, the domain
names RLCV.com, Knockoffitems.com and Replicasee.com are hereby ordered to be
immediately transferred by the RLCV Defendants and the Registrar to Chanel’s
control. To the extent the current Registrar refuses to recognize this Court’s authority
and transfer the domain name to Chanel’s control, the United States based
Registry shall transfer the domain name to a United States based Registrar of
Chanel’s choosing, and that Registrar shall transfer the domain name to Chanel;
(7) This judgment shall accrue
interest at the rate prescribed by 28 U.S.C. § 1691.
IT IS FURTHER ORDERED AND
ADJUDGED
(8) That the RLCV Defendants
and their respective officers, agents, servants, employees and attorneys, and
all persons in active concert and participation with it 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;
(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 the RLCV Defendants, RLCV.com,
Knockoffitems.com, Replicasee.com, 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 themselves 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 the RLCV Defendants, RLCV.com, Knockoffitems.com, Replicasee.com, 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 the RLCV Defendants, RLCV.com, Knockoffitems.com,
Replicasee.com, and/or any other website or business, including, without
limitation, handbags,
watches, sunglasses, and/or watch boxes;
(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 by the RLCV
Defendants, RLCV.com, Knockoffitems.com, Replicasee.com, and/or any other
website or business, as being those of Chanel, or in any way endorsed by Chanel;
(h) offering such goods in commerce;
(i) otherwise
unfairly competing with Chanel;
(j) 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 Chanel Marks; and
(k) 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.
DONE AND ORDERED in Miami,
Florida this 23rd day of October, 2008.
____________________________________
JOAN A. LENARD
United States District Judge
cc: Counsel of Record