michael kors default judgment and permanent injunction

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

MICHAEL KORS LLC

Plaintiff v

JOJ-IN DOE 1 alkJa ZHENG LITTLE JOHN DOE 2 aJkJa SHANMUGAPRlJAN VI DONI alkJa DIANA GEORGIADIS alkJa MIRIAM HAMIL TON alka JON DAMBROSIO and JOHN DOE 3 alkJa BRANDON CHESLAK aka BARBARA CAWLEY alka MONAWAR WARD alkJa RANDI BROWNING alkJa JANICE MONTGOMERYalkJaDOROTHY KLAPACZ alkJa BETHANY REAR alkJa LILIANA HOROWITZ akJa SARAH SHUEY alkJa KAREN SHUEY

Defendants

Civil Action

No 11 Civ 8653

JUDGE SCHEINDLIN

DEFAULT JUDGMENT AND PERMANENT INJUNCTION

Case 111-cv-08653-SAS Document 22 Filed 062712 of 10

Plaintiff Michael Kors LLC (Michael Kors or Plaintiff) commenced this action on

November 29 2011 and simultaneously moved ex parte for a Temporary Restraining Order

Seizure Order Asset Restraining Order Domain Name Transfer Order Order for Expedited

Discovery Order Permitting Service by Electronic Mail and Order to Show Cause for a

Preliminary Injunction (TRO) which this Court granted on December 1 2011 On December

72011 the Plaintiff filed an Affidavit of Service on the Defendants

The Defendants having been served with the Complaint TRO and related papers did

not appear or oppose the Plaintiffs application for a Preliminary Inj unction On December 16

2011 this Court granted the Plaintiffs application for and entered a Preliminary Injunction

against all of the Defendants Subsequently on January 20 2012 the Court granted the

Plaintiffs motion for an Order to Show Cause to Amend Preliminary Injunction to Include

Defendants Newly-Detected Infringing Domain Names Though the Plaintiff served the

Defendants with the Order to Show Cause the Defendants did not appear Consequently the

Court entered the Amended Preliminary Injunction on February 2 2012

No Defendant has appeared following this Courts entry of the Preliminary Injunction

and Amended Preliminary Injunction No Defendant has answered the Complaint and the time

for answering the Complaint has expired Accordingly on May 29 2012 the Clerk of the Court

entered a certificate of default against the Defendants Also on May 29 2012 the Court entered

an Order to Show Cause for an Entry of Default Judgment and Permanent Injunction ordering

the Defendants to appear to show cause on June 7 2012 why the Court should not enter a default

judgment against the Defendants No Defendant appeared to contest the Courts entry ofa

default judgment and permanent injunction

2

Case 111-cv-08653-SAS Document 22 Filed 062712 Page 2 of 10

Now the Court having reviewed the Complaint Memoranda of Law supporting

Declaration and exhibits submitted therewith finds that

1 Michael Kors is the owner of numerous valid and enforceable federally registered

trademarks (the Michael Kors Trademarks) including without limitation the following

Registration Registered Registration i International I

Number Trademark Date Classes

1977507 MICHAEL KORS June 4 1996 Class 25 Ladies I

clothing 2708259 MICHAEL KORS April 22 2003 Class 3 Cosmetics 2520757 MICHAEL KORS December 182001 I Class 18 Handbags 2520758 MICHAEL KORS December 18 2001 Class 9

EyeglassesEyeglass Cases

~

2547039 MICHAEL KORS March 12 2002 Class 35 Retail store I

servICes 3535310 MK MICHAEL KORS November 18 2008 Class 14 Watches 3438412 MK MICHAEL KORS May 27 2008 Class 9 Eyeglasses

Class 18 Handbags Class 25 Mens and womens clothing

3080631 MICHAEL MICHAEL April 11 2006 bull Class 9 Eyeglasses KORS Class 18 Ilandbags

I Class 25 Mens and womens clothing

2 As set forth in the Complaint and Amended Preliminary Injunction Plaintiff has

demonstrated that the Defendants are entities and individuals that operate a large fluid network

ofInternet websites (Infringing Web sites) which offer for sale andor sell products bearing

counterfeits of the Michael Kors Trademarks (Counterfeit Products) to consumers in the

United States and in this District using various domain names all of which incorporate one or

more of the Michael Kors Trademarks including without limitation the following thirty-five (35)

domain names (collectively the Infringing Domain Names)

bull Michael-Kors-Outletnet bull MichaeIKors-Outletnet

3


bull MichaelKors-Outletorg bull MichaelKorsOutletKorscom bull MichaelKorsOutletFactory com bull MichaelKorsOutletSalecom bull MichaelKorsOutletStorecom bull MichaeIMichaeIKorsOutletcom bull CheapMichaeIKorsOutletcom bull OnlineMichaeIKorsOutletcom bull MichaeIKorsOutletCouponcom bull MichaeIKorsOutletUSAcom bull NewMichaeIKorsOutletcom bull ShopMichaeIKorsOutletcom bull USAMichaeIKorsOutletcom bull MichaeIKorsSalecom bull MichaeIKorSalecom bull MichaeIKorsHandbagSalecom bull MichaeIKorsStorescom

bull MichaelKorsOutletsKorscom bull TopKorsHandbagscom bull My MichaeIKorsOutletcom bull MichaelKorsHandbagsO com bull MichaelKorsOutletSalescom bull MichaeIKorsOutletsSalescom bull MichaeIKorsHandbagsSalescom bull MichaeIKorsCentercom bull TopMichaeIKorsHandbagscom bull MichaelKorsT otescom bull MichaeIKors-Outletscom bull TopMichaeIKorscom bull VipMichaeIKorscom bull MichaeIKorsOutletotecom bull KorsOutletSalecom and bull MichaelKorsFaxctory com

3 Collectively the Defendants sold and offered for sale at least seven (7) distinct

types of goods each bearing numerous counterfeits of the Michael Kors Trademarks

4 The Defendants have disregarded the TRO Preliminary Injunction and Amended

Preliminary Injunction issued by this Court and so the Court

HEREBY FINDS that Defendants are liable for federal trademark counterfeiting and

infringement under 15 USc sect 1114 false designation of origin under 15 USC sect 1125(a)

trademark dilution under 15 USC sect 1125(c) and cybersquatting under 15 USc sect 1125(d)(1)

trademark dilution under New York Gen Bus Law sect 360-1 deceptive acts and practices under

New York Gen Bus Law sectsect 349-350 and trademark infringement and unfair competition in

violation of federal and New York common law and so it is

ORDERED ADJUDGED AND DECREED that pursuant to 15 USC sect 1117(c)(2)

the Plaintiff be awarded statutory damages from the Defendants in the liquidated amount of

4


IT IS FURTHER ORDERED that all monies currently restrained in Defendants

accounts held by Pay Pal Inc be released to Plaintiff as partial payment of the above-mentioned

damages and

IT IS FURTHER ORDERED that in whole or partial satisfaction of the judgment

Plaintiff is entitled to any of the Defendants monies and property including domain names

incorporating one or more of the Michael Kors Trademarks wherever they may be found and

IT IS FURTHER ORDERED that Defendants and their officers agents servants

employees attorneys and all those in active concert or participation with them are hereby

PERMANENTL Y ENJOINED from

a Using any reproduction counterfeit copy or colorable imitation of the

Michael Kors Trademarks for and in connection with any goods or their

packaging not authorized by Michael Kors

b Engaging in any course of conduct likely to cause confusion deception or

mistake or to injure Plaintiffs business reputation or dilute the distinctive

quality of the Michael Kors Trademarks

c Using any false description or representation including words or other

symbols tending falsely to describe or represent Defendants unauthorized

goods or their packaging as being those of Michael Kors or sponsored by or

associated with Michael Kors and from offering such goods into commerce

d Further infringing the Michael Kors Trademarks by manufacturing

producing distributing circulating selling marketing offering for sale

advertising promoting renting displaying or otherwise disposing of any

products or their packaging not authorized by Michael Kors that bear any

5


simulation reproduction counterfeit copy or colorable imitation of the

Michael Kors Trademarks

e Using any simulation reproduction counterfeit copy or colorable imitation

of the Michael Kors Trademarks in connection with the promotion

advertisement display sale offering for sale manufacture production

circulation or distribution of any unauthorized products or their packaging in

such fashion as to relate or connect or tend to relate or connect such products

in any way to Michael Kors or to any goods sold manufactured sponsored

approved by or connected with Michael Kors

f Making any statement or representation whatsoever or using any false

designation of origin or false description or performing any act which mayor

is likely to lead the trade or public or individual members thereof to believe

that any products manufactured distributed or sold by Defendants are in any

manner associated or connected with Michael Kors or are sold manufactured

licensed sponsored approved or authorized by Michael Kors

g Infringing the Michael Kors Trademarks or Plaintiffs rights therein or using

or exploiting the Michael Kors Trademarks or diluting the Michael Kors

Trademarks

h Secreting destroying altering removing or otherwise dealing with the

unauthorized products or any books or records that contain any information

relating to the importing manufacturing producing distributing circulating

selling marketing ofTering for sale advertising promoting renting or

6


displaying of all unauthorized products that infringe or dilute the Michael

Kors Trademarks

1 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 in any Final Judgment or Order in this

action and

J Creating registering using linking transferring selling exercising control

over or otherwise owning the Infringing Domain Names or any domain name

that incorporates in whole or in part any of the Michael Kors Trademarks

and

IT IS FURTHER ORDERED that the Internet registry for each of the Infringing

Domain Names transfer the Infringing Domain Names to a domain name registrar of Plaintiffs

choice and

IT IS FURTHER ORDERED that the Infringing Domain Names that were transferred

to Plaintiff pending trial pursuant to the Preliminary Injunction or Amended Preliminary

Injunction shall remain permanently in the Plaintiffs control

IT IS FURTHER ORDERED that any Internet registry or other third party providers

including without limitation domain name registrars Internet Service Providers (ISPs) backshy

end service providers web designers sponsored search engine or ad-word providers merchant

account providers third party processors and other payment processing services or shippers who

receive actual notice of the terms of this Permanent Injunction immediately and permanently

cease rendering any services to the Defendants in connection with any of the Infringing Websites

and Infringing Domain Names owned or operated by the Defendants and

7


IT IS FURTHER ORDERED that on notice to any Internet registry or domain name

registrar of any Defendants creating registering using linking transferring selling exercising

control over or otherwise owning any domain name that incorporates in whole or in part any of

the Michael Kors Trademarks (Additional Infringing Domain Names) in contempt of this

Courts Order such Internet registry or domain name registrar shall subject to an order of this

Court finding the Defendant(s) in contempt and listing the Additional Infringing Domain Names

associated with the Defendant(s) place the Additional Infringing Domain Names on registry or

registrar lock making them non-transferable by the Defendant-Registrants and on hold which

prevents websites associated with the Additional Infringing Domain Names from resolving when

queried by a browser and shall transfer such Additional Infringing Domain Names to the

Plaintiff and

IT IS FURTHER ORDERED that on notice to any third party providers including

without limitation domain name registrars ISPs back-end service providers web designers

sponsored search engine or ad-word providers merchant account providers third party payment

processors and other payment processing services or shippers of any Defendants creating

registering using linking transferring selling exercising control over or otherwise owning or

operating any Additional Infringing Domain Names and any related websites in contempt of this

Courts Order such third party provider shall immediately and permanently cease rendering any

services to the Defendants in connection with any Additional Infringing Domain Names and

their related websites and

IT IS FURTHER ORDERED that on notice to any Internet search engines including

but not limited to Google Bing and Yahoo and any social media web sites including but not

limited to Facebook Google+ and Twitter (collectively Internet Search and Social Media

8


Websites) of any Additional Infringing Domain Names and their related websites appearing on

or listed by their websites such Internet Search and Social Media Websites shall subject to an

order of this Court finding the Defendant(s) in contempt and listing the Additional Infringing

Domain Names and their related websites associated with the Defendant(s) de-index and remove

from any search results pages any Additional Infringing Domain Names and their related

websites unless otherwise instructed by this Court or by the Plaintiff that any such domain name

is authorized to be reinstated at which time it shall be reinstated to its former status within each

search engine index from which it was removed and

IT IS FURTHER ORDERED that Plaintiff may complete service of this Order on

Defendants by electronic mail to the addresses set forth in Exhibit 1 hereto which Plaintiffhas

demonstrated will provide adequate notice to Defendants pursuant to Fed R Civ P 4(t)(3) and

IT IS FINALLY ORDERED that pursuant to Fed R Civ P 4(t)(3) Plaintiff is

permitted to complete service of this Order on the Defendants by publishing notice of this Order

on websites associated with the Infringing Domain Names seized and transferred to Plaintiff

Defendants are hereby given further notice that they shall be deemed to have actual

notice of the issuance and terms of such Permanent Injunction and any act by them or anyone of

them in violation ofany of the temlS thereof may be considered and prosecuted as contempt of

this Court

so~____ ~ Hon Shira A Scheindlin United States District Court Judge

Dated 6271 L

9


Michael Kors LLC v John Does 1-3 et al 11 Civ 8653 (SAS) (SDNY) Default Judgment and Permanent Injunction

Exhibit 1 - Defendants Email Addresses

michaelkorsoutletsale michaelkorsoutletstore mlchaelkorsoutletusa

mailcom

zhen


Plaintiff Michael Kors LLC (Michael Kors or Plaintiff) commenced this action on

November 29 2011 and simultaneously moved ex parte for a Temporary Restraining Order

Seizure Order Asset Restraining Order Domain Name Transfer Order Order for Expedited

Discovery Order Permitting Service by Electronic Mail and Order to Show Cause for a

Preliminary Injunction (TRO) which this Court granted on December 1 2011 On December

72011 the Plaintiff filed an Affidavit of Service on the Defendants

The Defendants having been served with the Complaint TRO and related papers did

not appear or oppose the Plaintiffs application for a Preliminary Inj unction On December 16

2011 this Court granted the Plaintiffs application for and entered a Preliminary Injunction

against all of the Defendants Subsequently on January 20 2012 the Court granted the

Plaintiffs motion for an Order to Show Cause to Amend Preliminary Injunction to Include

Defendants Newly-Detected Infringing Domain Names Though the Plaintiff served the

Defendants with the Order to Show Cause the Defendants did not appear Consequently the

Court entered the Amended Preliminary Injunction on February 2 2012

No Defendant has appeared following this Courts entry of the Preliminary Injunction

and Amended Preliminary Injunction No Defendant has answered the Complaint and the time

for answering the Complaint has expired Accordingly on May 29 2012 the Clerk of the Court

entered a certificate of default against the Defendants Also on May 29 2012 the Court entered

an Order to Show Cause for an Entry of Default Judgment and Permanent Injunction ordering

the Defendants to appear to show cause on June 7 2012 why the Court should not enter a default

judgment against the Defendants No Defendant appeared to contest the Courts entry ofa

default judgment and permanent injunction

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michael kors default judgment and permanent injunction

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