Guru Denim Inc. v. Dress to Impress, Gevorg Terteryan, Maxim Paris Inc., Xiu Wei Lin, Julien Yi Wang
Published: May 2, 2009 | Result Date: Dec. 9, 2008 | Filing Date: Jan. 1, 1900 |Case number: CV08-04174 Bench Decision – $4,000
Court
USDC Central
Attorneys
Plaintiff
Christopher Q. Pham
(Johnson & Pham LLP)
Defendant
Farhad Novian
(Novian & Novian LLP)
Facts
Plaintiff Guru Denim Inc., a subsidiary of True Religion Apparel Inc., manufactures and distributes True Religion denim. On April 30, 2008, an employee of Guru Denim purchased denim, which bore the True Religion label at defendant Dress to Impress (DTI). Another pair of jeans with the True Religion label were purchased from DTI on June 2, 2008.
Guru Denim filed suit against defendants DTI, Gevorg Terteryan, Maxim Paris Inc., Xiu Wei Lin, and Julien Yi Wang for trademark infringement.
Contentions
PLAINTIFF'S CONTENTIONS:
Guru Denim contended that the defendants manufactured and sold counterfeit True Religion denim in violation of Guru Denim's copyright and trademark.
DEFENDANTS' CONTENTIONS:
The defendants countered that they had purchased the denim as bonafide purchasers and had no idea if they were counterfeit. The defendants argued that they merely purchased "overruns" or other slightly defective merchandise with the real True Religion label.
Damages
Guru Denim sought unspecified damages for trademark and copyright infringement as well as an injunction preventing the defendants from selling the counterfeit merchandise.
Result
The court held in favor of Guru Denim in the amount of $4,000 and awarded the injunction.
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