UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 05-61918-CIV-ALTONAGA/Brown
CHANEL, INC., a New York corporation,
XXXXXXXXXXXXXXXX, an individual,
THIS CAUSE came before the Court upon the Plaintiffs, Chanel, Inc., Louis Vuitton Malletier, S.A., and Marc Jacobs Trademarks, LLC’s Motion for Order to Show Cause Why Defendant XXXXXXXXXXXXXXXX Should Not be Held in Contempt and Sanctioned [D.E. 57], filed on May 6, 2008. On July 17, 2008, the Court having issued an Order [D.E. 63] finding XXXXXXX in civil contempt for violating the Final Default Judgment [D.E. 41] by continuing to sell handbags and related products bearing counterfeits of Plaintiffs’ respective trademarks and/or which bear words protected by Plaintiffs’ copyrights and designs protected by Plaintiffs’ design patents-in-suit. Being fully advised, it is
ORDERED AND ADJUDGED as follows:
1. The domains Luxehandbags.com, Exclusivebags.net, Hottestbagz.com, Blinghandbagz.com, and Luxebagz.com are hereby ordered to be immediately transferred by the Defendant and Registrar to the Plaintiffs’ control. To the extent the current Registrar refuses to recognize this Court’s authority and transfer the domain names to the Plaintiffs’ control, the United States based Registry shall transfer the domain names to a United States based Registrar of the Plaintiffs’ choosing, and that Registrar shall transfer the domain names to the Plaintiffs.
2. In order to preclude XXXXXXX from continuing to violate the provisions of the Permanent Injunction in the same manner as he has already done, XXXXXXX is hereby further enjoined from registering, owning, controlling, creating or maintaining, directly or indirectly, any additional domain names, online businesses or Internet stores for a period of five (5) years from the date of this Order. Any domain names, online businesses or Internet stores proven by the Plaintiffs to be registered, created, maintained, owned or controlled by XXXXXXX, his agents or representatives in violation of this Order shall be immediately transferred by the Registrar or controlling person to the Plaintiffs’ control. To the extent the Registrar refuses to recognize this Court’s authority and transfer any such new domain names to the Plaintiffs’ control, the Registry shall transfer the domain names to a United States based Registrar of the Plaintiffs’ choosing.
3. For his failure to comply with the provisions of the Permanent Injunction and his continued advertisement, offer for sale and sale of counterfeit goods bearing each Plaintiffs’ trademarks, copyrights and design patents, the Defendant is ordered to pay compensatory sanctions in the amount of $1,000.00 per week between the date of the Entry of Final Default Judgment in this case on December 21, 2006, and the date of this Order, for a total of $84,000.00, to the Plaintiff as a sanction. The amount of this compensatory sanction is well within the permissible range of a statutory damage award pursuant to 15 U.S.C. § 1117(c) for intentional trademark counterfeiting.
4. XXXXXXX shall comply with this Order within ten (10) days from the date of issuance. XXXXXXX shall submit his payment for the sanctions directly to Plaintiffs’ counsel in the form of a cashier’s check made payable to Stephen M. Gaffigan, P.A. trust account at 312 S.E. 17th Street, Second Floor, Ft. Lauderdale, Florida 33316.
DONE AND ORDERED in Chambers at Miami, Florida, this 6th day of August, 2008.