UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 10-61640-CIV-HUCK
LOUIS VUITTON MALLETIER, S.A.,
a foreign business entity,
KEY XXX and DOES 1-10,
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
THIS MATTER having come before the Court upon motion by Plaintiff Louis Vuitton Malletier, S.A. (“Louis Vuitton”) (“Plaintiff”) for entry of a final default judgment of its claims against Defendant Key XXX (“Defendant”) 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 Entry of Final Default Judgment is GRANTED, and judgment is hereby entered in favor of Plaintiff Louis Vuitton Malletier, S.A., a foreign business entity, with its principal place of business in France located at 2 rue du Pont-Neuf, Paris, France 75001, and against Defendant Key XXX on all Counts of the Complaint as follows:
(1) Permanent Injunctive Relief:
Defendant and his respective officers, agents, servants, employees, and attorneys, and all persons acting in concert and participation with them 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 using the Louis Vuitton Marks identified in paragraph 10 of the Complaint;
(b) using the Louis Vuitton 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 Schedule “1” hereto (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 Plaintiff;
(d) falsely representing himself 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 Defendant offered for sale or 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 Plaintiff;
(f) using any reproduction, counterfeit, copy, or colorable imitation of the Louis Vuitton 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 and/or 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 offered for sale or sold by Defendant via the Subject Domain Names and/or any other website or business, as being those of Plaintiff or in any way endorsed by Plaintiff;
(h) otherwise unfairly competing with Plaintiff; 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.
(2) Additional Equitable Relief:
(a) In order to give practical effect to the Permanent Injunction, 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 domain names to Plaintiff’s control within ten (10) business 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
(b) Upon Plaintiff’s request, the top level domain (TLD) Registry 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.
(3) Costs of Suit: award Plaintiff $700.00 pursuant to 15 U.S.C. § 1117(a).
(4) The bond posted by Plaintiff in the amount of $1,000.00 is ordered to be released by the Clerk.
DONE AND ORDERED in Miami, Florida this 29th day of November, 2010.