UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LOUIS VUITTON MALLETIER, S.A.,
a foreign business entity,
Plaintiff,
v.
JOSEPH MOSSERI, an individual d/b/a LABOLSO.COM, d/b/a FASHIONETAILER.COM, agent of POUCHETTE.COM, a/k/a JOSEPH MOSS, d/b/a SACBELLE.COM, d/b/a LESHANTA.COM, and 613 CAMERA CORPORATION, a New York Corporation d/b/a POUCHETTE.COM, d/b/a LABOLSO.COM, d/b/a FASHIONETAILER.COM, d/b/a SACBELLE.COM, d/b/a LESHANTA.COM, and MADONNA APPAREL CORPORATION a New York Corporation, d/b/a LABOLSO.COM, d/b/a FASHIONETAILER.COM, d/b/a POUCHETTE.COM, d/b/a SACBELLE.COM, d/b/a LESHANTA.COM, and ESTHER SHASHO, a/k/a ESTHER SHASHA, and BILIBI, INC., and JOHN DOES 1-10,
Defendants.
Hon. Garrett E. Brown, Jr.
Civil No. 07-2620
ORDER
This matter having come before the Court upon Plaintiff Louis Vuitton Malletier, S.A.’s (“Louis Vuitton”) motion for default judgment (Doc. No. 23) as against Defendant 613 Camera Corp., a New York corporation doing business as Leshanta.com, Fashionetailer.com, Sacbelle.com, Balenci.com, Labolso.com, Pouchette.com, and Yuella.com (“Defaulting Defendant”); and the Court having reviewed the parties’ submissions and decided the motion without oral argument pursuant to Federal Rule of Civil Procedure 78; and for the reasons set forth in the accompanying Memorandum Opinion;
IT IS THIS 28th day of October, 2009,
ORDERED that Louis Vuitton’s motion (Doc. No. 23) is GRANTED, such that JUDGMENT by default is ENTERED in favor of Louis Vuitton and against Defaulting Defendant on all counts of the Complaint; and it is further
ORDERED that statutory damages in the amount of $4,072,892.22, attorneys’ fees in the amount of $14,595, costs in the amount of $500, and investigative fees in the amount of $3,938 are hereby AWARDED; and it is further
ORDERED that Defaulting Defendant and its 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 Louis Vuitton Marks;
(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 the Defendant, Leshanta.com, Fashionetailer.com, Sacbelle.com, Labolso.com, Pouchette.com, Yuella.com, Balenci.com, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Louis Vuitton;
(d) falsely representing themselves as being connected with Louis Vuitton, 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, Leshanta.com, Fashionetailer.com, Sacbelle.com, Labolso.com, Pouchette.com, Yuella.com, Balenci.com, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Louis Vuitton;
(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 the Defendant, Leshanta.com, Fashionetailer.com, Sacbelle.com, Labolso.com, Pouchette.com, Yuella.com, Balenci.com, and/or any other website or business, including, without limitation, handbags, wallets, key cases, traveling bags, pocketbooks, and belts;
(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, Leshanta.com, Fashionetailer.com, Sacbelle.com, Labolso.com, Pouchette.com, Yuella.com, Balenci.com, and/or any other website or business, as being those of Louis Vuitton, or in any way endorsed by Louis Vuitton;
(h) offering such goods in commerce;
(i) from otherwise unfairly competing with Louis Vuitton;
(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 Louis Vuitton Marks;
(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 it is further
ORDERED that Defaulting Defendant, those in privy with it 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 be and are hereby RESTRAINED and ENJOINED from facilitating access to any or all websites through which the Defendant engages in the sale of counterfeit and infringing goods using the Louis Vuitton Marks; and it is further
ORDERED, in order to give practical effect to the Permanent Injunction, that the domain name Balenci.com is hereby shall be immediately TRANSFERRED by Defaulting Defendant and the Registrar to Louis Vuitton’s control, and to the extent the current Registrar does not facilitate the transfer of the domain name to Louis Vuitton’s control within 14 days of being contacted, or refuses to facilitate the transfer, the United States-based Registry shall transfer the domain name to a United States-based Registrar of Louis Vuitton’s choosing, and that Registrar shall transfer the domain name to Louis Vuitton.
Dated: October 28, 2009