UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 08-CV-60622-SEITZ/O’SULLIVAN

GUCCI AMERICA, INC.,

Plaintiff,

vs.

RICHARD XXX; XXX XXXXXX XXXXX, INC,

and DOES 1-10,

Defendants.

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FINAL DEFAULT JUDGMENT

For the reasons set forth in the Court’s concurrently issued Order Granting Plaintiffs’ Motion for Final Default Judgment, it is hereby

ORDERED that:

(1) Final Default Judgment is ENTERED in favor of Plaintiff Gucci America, Inc. (“Gucci”), against Defendant XXX XXXXXX XXXXX, Inc. (“Defendant”).

(2) Defendant XXX XXXXXX XXXXX shall pay Plaintiff Gucci America, Inc. the sum of $1,130,224.20 in statutory damages. In addition, Defendant XXX XXXXXX XXXXX, Inc. shall pay Plaintiff Gucci America, Inc. the sum of $4,200.00 in attorney’s fees, $500.00 in costs, and $436.99 in investigative fees. Plaintiff shall be entitled to post-judgment interest at the statutory rate contained in 28 U.S.C. § 1961, until such Judgment is satisfied.

(3) Defendant XXX XXXXXX XXXXX, Inc. and its respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with it, 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 Gucci Marks as identified below:

Mark Registration No. Registration Date
SQUARE G MONOGRAM 2,042,805 March 11, 1997
NON-INTERLOCKING GG MONOGRAM DESIGN 1,107,311 November 28, 1978
GUCCI 0,876,292 September 9, 1969
GUCCI (STYLIZED) 3,061,918 February 28, 2006
FACING GG MONOGRAM 3,039,630 January 10, 2006
REPEATING GG DESIGN 3,072,549 March 28, 2006
ROUNDED G MONOGRAM 3,052,779 January 31, 2006
ELONGATED INTERLOCKING GG MONOGRAM 3,376,129 January 29, 2008
NON-INTERLOCKING GG MONOGRAM DESIGN 3,378,755 February 5, 2008
ROUNDED INTERLOCKING GG MONOGRAM 3,391,739 December 18, 2007
BAMBOO HORSEBIT DESIGN 3,243,972 May 22, 2007
HALF HORSEBIT DESIGN 3,238,962 May 8, 2007
TWO TONE HORSEBIT DESIGN 3,274,316 August 7, 2007
REPEATING HORSEBIT DESIGN 3,274,315 August 7, 2007
GREEN RED GREEN STRIPE DESIGN 1,122,780 July 24, 1979

(B) Using the Gucci Marks in connection with the sale of any unauthorized goods;

(C) Using any logo, and/or layout which may be calculated to falsely advertise the services or products of XXX XXXXXX XXXXX, Inc., LeeLuxuryLines.com, LeeLuxuryBags.com, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Gucci;

(D) Falsely representing itself as being connected with Gucci, through sponsorship or association;

(E) 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 XXX XXXXXX XXXXX, Inc., LeeLuxuryLines.com, LeeLuxuryBags.com and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Gucci;

(G) Using any reproduction, counterfeit, copy, or colorable imitation of the Gucci Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by XXX XXXXXX XXXXX, Inc., LeeLuxuryLines.com, LeeLuxuryBags.com, and/or any other website or business, including, without limitation, handbags and wallets;

(H) 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 goods by XXX XXXXXX XXXXX, Inc., LeeLuxuryLines.com, LeeLuxuryBags.com and/or any other website or business, as being those of Gucci, or in any way endorsed by Gucci;

(I) Otherwise unfairly competing with Gucci, or offering counterfeit goods in commerce;

(J) 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 Gucci Marks; and

(K) 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.

(5) The domain names LeeLuxuryBags.com and LeeLuxuryLines.com shall be transferred to Gucci’s control.

DONE AND ORDERED in Miami, Florida this 25th day of November, 2008.