The former owners of the website, Alleghanymoonvarietystore.com, previously appearing at this web address was held by the U.S. District Court of the Southern District of New York to have been offering replica Chanel for purchase from the site, including replica Chanel handbags and replica Chanel sunglasses.
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
CHANEL, INC., a New York corporation,
Case No. 1:08-cv-04073-GEL-THK
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
THIS CAUSE having come before the Court on Application for Final Default Judgment by Plaintiff Chanel, Inc. (“Chanel”), the Court having granted the Motion, does hereby:
ORDER AND ADJUDGE that Final Default Judgment is hereby granted in favor of Plaintiff, Chanel, Inc., a New York corporation, with its principal place of business in the United States located at 9 West 57th Street, New York, New York 10019, and against the Defendant, Defendant Connie Fraley a/k/a Connie Gault a/k/a Connie Cochrell d/b/a Chanelimage.com d/b/a Alleghany Moon d/b/a Alleghanymoonvarietystore.com (hereafter "Fraley" or “Defendant”), on all counts.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant and her officers, agents, servants, employees and attorneys, and all persons in active concert and participation with her 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) falsely representing themselves as being connected with Chanel through sponsorship or association;
(d) 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, are in any way endorsed by, approved by, and/or associated with Chanel;
(e) 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 Defendants and/or any other website or business, including, without limitation;
(f) 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 Defendant’s goods as being those of Chanel or in any way endorsed by Chanel;
(g) offering such goods in commerce;
(h) otherwise unfairly competing with Chanel;
(i) 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
(j) 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.
IT IS FURTHER ORDERED AND ADJUDGED:
1. Pursuant to 15 U.S.C. § 1117(c) Chanel is awarded statutory damages against the Defendant in the amount of Eighty-Sixty Thousand Two Hundred Seventy-Seven Dollars and Zero Cents ($86,277.00), for which let execution issue;
2. Pursuant to 15 U.S.C. § 1117(a) Chanel is awarded attorneys’ fees against the Defendant in the amount of Fifty Thousand Dollars ($50,000.00), for which let execution issue;
3. Chanel is awarded investigative fees against the Defendant in the amount of Eight Hundred Sixty-Nine Dollars and Zero Cents ($869.00) for which let execution issue;
4. Chanel is awarded costs against the Defendant in the amount of Eight Thousand Three Hundred Thirty-Six Dollars and Zero Cents ($8,336.00), for which let execution issue;
5. Interest from the date this action was filed shall accrue at the legal rate from the date hereof;
6. In order to give practical effect to the Permanent Injunction, the domain names Chanelimage.com and Alleghanymoonvarietystore.com are hereby ordered to be immediately transferred by the Defendant and the Registrar to Chanel’s control. To the extent the current Registrar refuses to recognize this Court's authority and transfer the domain name to Chanel’s control, the United States based Registry shall transfer the domain names to a United States based Registrar of Chanel’s choosing, and that Registrar shall transfer the domain name to Chanel.
Dated: January 6, 2009
GERARD XX XXXXX
UNITED STATES DISTRICT JUDGE
When Chanel first contacted the owners of alleghanymoonvarietystore.com the domain was being used to run a store, the Alleghany Moon Variety Store, which was selling replica Chanel products, goods not... [continue reading]
Chanel replica handbags and wallets were discovered... [continue reading]