The previous owners of this domain were found by a court to be using the site to sell replica Chanel goods and as a result of the court's decision Chanel was granted ownership of the domain to prevent it from being used for this purpose again.

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

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CHANEL, INC., a New

York Corporation,

Plaintiff,

 

v.

 

XXXXXXXXXXXXX, an individual,

d/b/a BELLABOULEVARDBOUTIQUE.

COM and DOES 1-10,

 

Defendants.

 

 

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CASE NO. 2:08-cv-02432-BBD-dkv

 

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FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION

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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 39 West 57th Street, New York, New York 10019, and against the Defendant, XXXXXXXXXXXXX, an individual, d/b/a BellaBoulevardBoutique.com on all Counts.

IT IS FURTHER ORDERED AND ADJUDGED that the Defendant and her officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them 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 Defendants, 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 Defendants’ 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 Three Hundred and Ninety Three Thousand One Hundred and Twenty Dollars and Zero Cents ($393,120.00), 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 Eight Thousand Five Hundred Dollars and Fifty Cents ($8,500.50), for which let execution issue;

3. Chanel is awarded investigative fees against the Defendant in the amount of Nine Hundred and Sixty Dollars and Zero Cents ($960.00), for which let execution issue;

4. Chanel is awarded costs against the Defendant in the amount of Four Hundred and Twenty Five Dollars and Zero Cents ($425.00), 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 name BellaBoulevardBoutique.com is hereby ordered to be immediately transferred by the Defendant and the Registrar to Chanel’s control. To the extent the current Registrar does not facilitate the transfer of the domain name to Chanel’s control within 30 days of being contacted, 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; and

7. Interest from the date this action was filed shall accrue at the legal rate.

IT IS SO ORDERED this 30th day of March, 2009.