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Text
replicas.
THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Case No. CV09-01933 VBF(Ex)JUDGMENT
TIFFANY(NJ), LLC., a Delaware limited liability company,Plaintiff,
vs.
JIANGHAI XX a/k/a JEFF XX d/b/a ESILVER2GO.COM d/b/a ESILVER2GO d/b/a VENUSFASHIONSQ d/b/a VENUS FASHION d/b/a TIFFANY4EVER.COM d/b/a TCOWORLD.COM d/b/a SHOPLUXURY.US d/b/a TIFFANY4EVER d/b/a TIFFANYEVER d/b/a T4EVER JEWEL d/b/a TF JEWELLERY d/b/a TCOWORLD d/b/a AMAZINGTEA andDOES 1 – 10,
Defendant(s).
THIS MATTER having come before the Court upon motion by Tiffany (NJ), LLC,(“Tiffany” or “Plaintiff”) Motion for Final Default against the Defendant Jianghai XX a/k/a Jeff XX d/b/a Esilver2go.com d/b/a EsSilver2go d/b/a Venusfashionsq d/b/a Venus Fashions d/b/a Tiffany4ever.com d/b/a Tcoworld.com d/b/a Shopluxury.us d/b/a Tiffany4ever d/b/a Tiffanyever d/b/a T4ever Jewell d/b/a TF Jewellery d/b/a Tcoworld d/b/a Amazingtea (the “Defendant” or “XX”) and the Court having considered the moving papers and there being noopposition thereto;
IT IS HEREBY ORDERED that Tiffany’s Motion for Final Default Judgment is GRANTED, and JUDGMENT is entered in favor of the Plaintiff Tiffany (NJ), LLC, a New Jersey corporation, with its principal place of business at 15 Sylvan Way, Parsippany, NJ 07054 and against Defendant XX, an individual, last known to be residing at XXX X. XXX XXX XXX., XXX XXXXXXX, XX XXXXX; IT IS FURTHER ORDERED AND ADJUDGED: 1. Pursuant to 15 U.S.C. § 1117(c), Tiffany is awarded statutory damages against XX in the amount of $1,669,734.70, for which letexecution issue;
2. Pursuant to 17 U.S.C. § 504, Tiffany is awarded statutory damages for copyright infringement against XX in the amount of $150,000.00, for which let execution issue; 3. Pursuant to 15 U.S.C. § 1125(d), Tiffany is awarded statutory damages for cyberpiracy against XX in the amount of $50,000.00, for which let execution issue; 4. Pursuant to 15 U.S.C. § 1117(a), Tiffany is awarded attorney’s fees against XX in the amount of $7,627.00, for which let executionissue;
5. Pursuant to 15 U.S.C. § 1117(a) Tiffany is awarded investigative fees against XX in the amount of $2,209.34, for which let executionissue;
6. Pursuant to 15 U.S.C. § 1117(a) Tiffany is awarded costs against Defendant XX in the amount of $500.00, for which let execution issue; 7. Pursuant to 15 U.S.C. § 1125(d), Defendant XX is hereby ordered to immediately assign all rights, title and interest in the domain name www.Tiffany4ever.com to Tiffany; 8. Interest from the date this action was filed shall accrue at thelegal rate.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant and his respective officers, agents, servants, employees and attorneys, and all persons in concert and participation with them are hereby RESTRAINED andENJOINED from:
(a) manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Tiffany Marks or works protected by the Tiffany copyrights; (b) using the Tiffany Marks or Tiffany Copyrights 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 XX, www.Esilver2go.com, www.Tiffany4ever.com, www.Shopluxury.us, www.Tcoworld.com, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associatedwith Tiffany;
(d) falsely representing themselves as being connected with Tiffany 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 XX, www.Esilver2go.com, www.Tiffany4ever.com, www.Shopluxury.us, www.Tcoworld.com, and/or any other website or business, are in any way endorsed by, approved by, and/or associatedwith Tiffany;
(f) using any reproduction, counterfeit, copy, or colorable imitation of the Tiffany Marks or Tiffany Copyrights in connection with the publicity, promotion, sale, or advertising of any goods sold by XX, www.Esilver2go.com, www.Tiffany4ever.com, www.Shopluxury.us, www.Tcoworld.com, and/or any other website or business, including, without limitation, jewelry, pendants, bracelets, rings, earrings, necklaces and clothing accessories, namely, cuff-links, key rings andmoney clips;
(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 XX, www.Esilver2go.com, www.Tiffany4ever.com, www.Shopluxury.us, www.Tcoworld.com, and/or any other website or business, as being those of Tiffany, or in any way endorsed by Tiffany; (h) offering such goods in commerce; (i) otherwise unfairly competing with Tiffany; (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 Tiffany Marks or Tiffany Copyrights; 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. Dated this 4th day of September, 2009. For genuine Tiffany merchandise, please visit the official Tiffanywebsite .
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