Star Fabrics, Inc.v.OJA Enter., Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIAJun 4, 2012
Case No. 11-CV-08867-RGK-E (C.D. Cal. Jun. 4, 2012)

Case No. 11-CV-08867-RGK-E

06-04-2012

STAR FABRICS, INC., a California corporation, Plaintiff, v. OJA ENTERPRISE, INC. d/b/a SOPHIA a California Corporation; JEONG HWAN KIM an Individual; SIMON PROPERTY GROUP, INC d/b/a Ontario Mills Limited Partnership, a Business Entity of Form Unknown; A'GACI, LLC, a Business Entity of Form Unknown; AGGIE FASHION, a Business Entity of Form Unknown; COLON MANUFACTURING a Business Entity of Form Unknown; MAKE ME CHIC, a Business Entity of Form Unknown; AMANDA VINCI, INC, a New York Corporation; TEENTEEZ, INC. d/b/a HOT AND DELICIOUS, a California Corporation; LOLLOL USA, INC., a California Corporation; and DOES 1 through 10, Defendants.

HOOTAN TROY FARAHMAND (SBN: 230345) 3575 Cahuenga Bl. West, Ste. 580 Los Angeles, CA 90068 Email: Attorneys for Plaintiff STAR FABRICS, INC. BLEAU FOX, A.P.L.C. 3575 Cahuenga Bl. West, Ste. 580 Los Angeles, CA 90068 Attorneys for Plaintiff STAR FABRICS, INC.


HOOTAN TROY FARAHMAND (SBN: 230345)


3575 Cahuenga Bl. West, Ste. 580


Los Angeles, CA 90068


Email: Attorneys for Plaintiff STAR FABRICS, INC.


BLEAU FOX, A.P.L.C.


3575 Cahuenga Bl. West, Ste. 580


Los Angeles, CA 90068


Attorneys for Plaintiff STAR FABRICS, INC.


[PROPOSED] ENTRY OF FINAL

JUDGMENT AGAINST

DEFENDANTS OJA ENTERPRISE,

INC. d/b/a SOPHIA & JEONG HWAN

KIM an Individial

Plaintiffs Star Fabrics, Inc. ("Star"), having commenced this action on or about October 26, 2011 (the "Action") for Copyright infringement and other relief against Defendants OJA Enterprise, Inc. ("OJA") and Jeong Hwan Kim ("Kim"), pursuant to the Copyright Act, 17 U.S.C. §501, et seq., for the reason that OJA & has engaged in distributing, offering for sale and/or selling infringing products which Star has identified in its Complaint as infringing the Star Copyrights identified in its Complaint (hereinafter the "Subject Designs"); Star having filed for entry of default and default entered for OJA Enterprises, Inc. on November 30, 2011 and Jeogn Hwan Kim on December 2, 2011 for failure to plead or otherwise defend in the Action; and Star having filed on or about May 21, 2012 a Motion for Default Judgment against OJA & Kim, seeking statutory damaged, attorneys' fees and costs and the entry of a permanent injunction.

IT IS HEREBY [PROPOSED] ORDERED

A default judgment in the amount of $ 15,000 against Defendant OJA and in favor of Plaintiff Star.

[PROPOSED] ORDERED, an additional amount of $ 1,500 for attorney fees and ____ in cost against Defendant OJA & Kim and in favor of Plaintiff Star, __________________

[PROPOSED] ORDERED, OJA & Kim and its corporate parents, subsidiaries, directors, officers, agents, servants, employees, representatives, confederates, and affiliates and any other persons or entities acting in concert or participation with them, are permanently enjoined and restrained from:

1. Using the Star Copyrights or any substantially similar reproduction, copy or colorable imitation of the Star Copyrights in connection with the manufacture, importation, exportation, trans-shipment, distribution, advertising, promotion, offer for sale and/or sale of apparel or other items that are not the genuine products of Star, or in any manner likely to cause purchasers or prospective purchasers to believe that the Infringing Products are connected with Star, or Star genuine products; and
2. Passing off, inducing, or enabling others to sell or pass off any apparel or other items that are not Star genuine products as and for Star genuine products; and
3. Committing any other acts calculated to cause purchasers or prospective purchasers to believe the Infringing Products are Star genuine products; and
4. Importing, exporting, manufacturing, shipping, delivering, holding for sale, offering for sale, selling, distributing, returning, transferring and/or otherwise moving or disposing of in any manner apparel or other items falsely bearing one or more of Star's Copyrights, or any reproduction, copy, or colorable imitation of same; and
5. Making any representations, orally or in writing, to any member or segment of the public or the business or financial community that they are authorized, licensed or otherwise permitted by Star to import, export, ship, deliver, distribute, offer for sale or sell Star genuine products; and


6. Assisting, aiding, or abetting any other person or business entity, in engaging in or performing any of the activities referred to in the above subparagraphs (1) through (5); and it is further

ORDERED, that this Court has jurisdiction over the parties, and the subject matter of the Action. This Court shall retain jurisdiction to the extent necessary to enforce this Injunction; and it is further

SO ORDERED.

By: __________________


Honorable R. Gary Kausner


United States District Court Judge
Submitted by: By: __________________


H. Troy Farahmand


Attorneys for Plaintiffs


STAR FABRICS, INC.