sabags.com

THIS MATTER having come before the Court upon motion by Plaintiff, Chanel, Inc., (“Chanel”) for entry of a final default judgment of its claims against Defendant Yi Wang (“Defendant”) d/b/a the Internet websites operating under the Subject Domain Names, identified on the attached Schedule “A” (collectively the “Subject Domain Names”), pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure; and the Court having considered the moving papers and there being no opposition thereto;

IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment is GRANTED, and judgment is entered in favor of Plaintiff, Chanel, Inc., a New York corporation, with its principal place of business located at Nine West 57th Street, New York, New York 10019;

IT IS FURTHER ORDERED AND ADJUDGED as follows:

(1) Permanent Injunctive Relief

Defendant and his respective officers, agents, servants, employees 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;

(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 Defendants, 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 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 Defendant, 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 the Defendant, the Subject Domain Names, and/or any other website or business, including, without limitation, handbags and wallets;

(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 Defendant, the Subject Domain Names, 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) and from 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; and

(2) Additional Equitable Relief:

(l) The Subject Domain Names are 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 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;

(m) Upon Plaintiff’s request, the top level domain (TLD) Registry or its administrator for each of the Subject Domain Names, within thirty (30) days of receipt of this Order, shall place the Subject Domain Names on Registry Hold status for the life of the current registration, thus removing them from the TLD zone files maintained by the Registry which link the Subject Domain Names to the IP addresses where the associated websites are hosted; and

(3) Statutory Damages pursuant to 15 U.S.C. § 1117(c) $84,000.00

(4) Costs of Suit: $700.00

(5) Interest from the date this action was filed shall accrue at the legal rate.

DONE AND ORDERED in Trenton, New Jersey this 15th day of December, 2010.