Harley-Davidson sued the operator of this website for selling counterfeit Harley-Davidson jewelry, among other products.
On June 6, 2014, Harley-Davidson sued Julie Mayo, a/k/a Shelly LaRocca and d/b/a as West Coast Charms, 5th Avenue Pets, Charms from the Heart—the operator of this website. On October 16, 2014, the Court granted Harley-Davidson’s motion for default judgment against Mayo and ordered her to remove all counterfeit Harley-Davidson jewelry from this website and other sites, not offer or sell such products in the future, and pay Harley-Davidson damages totaling $750,000, among other things. A copy of the Order appears here.
As a result of Mayo’s failure to comply with the Court’s Order, the Court held Mayo in contempt and ordered, among other things, the transfer of this domain name and other domain names of Mayo to Harley-Davidson. A copy of the Contempt Order appears here.
On July, 24, 2015, pursuant to an agreement reached by the parties, the Court vacated the default judgment against Mayo, among other things, but Mayo stipulated to entry of a permanent injunction enjoining Mayo from manufacturing, assembling, promoting, advertising, offering, selling, and distributing the counterfeit Harley-Davidson jewelry sold on this website. A copy of the July 24, 2015 Order appears here.
On September 4, 2015, Harley-Davidson filed an amended complaint naming Mayo’s business West Coast Charms, LLC (“WCC”) as an additional defendant. On December 2, 2015, Harley-Davidson filed a motion for summary judgment against WCC. WCC was formed by Mayo in Nevada after this lawsuit was filed and Mayo is listed as the sole officer in the corporate records. On June 10, 2016, the Court granted Harley-Davidson’s motion for summary judgment against WCC, and awarded Harley-Davidson $6,000,000 in statutory damages for WCC’s willful counterfeiting of Harley-Davidson’s trademarks. The Court found that WCC’s infringement was willful because “WCC, through Mayo, repeatedly attempted to continue selling its counterfeit goods despite having notice of its infringement.” A copy of the June 10, 2016 Order appears here and a copy of the final judgment against WCC appears here.
On March 3, 2016, Mayo filed for personal bankruptcy. After Mayo’s personal bankruptcy was discharged, the Court issued an Order on September 30, 2016 re-affirming the permanent injunction against Mayo “in perpetuity” prohibiting Mayo “together with her employees, agents, partners, related companies, affiliates, and all persons in active concert or participation with any of them” from “manufacturing, assembling, promoting, advertising, offering, selling, and distributing the Counterfeit Products, and from using any trademarks owned by H-D and any trademarks and logos that are confusingly similar to or likely to dilute any such marks.” The Court also dismissed monetary claims against Mayo due to her personal bankruptcy. However, Mayo’s personal bankruptcy has no effect on the Court’s $6,000,000 statutory damages award against Mayo’s company WCC for its willful counterfeiting of H-D’s trademarks or on the permanent injunction against Mayo. A copy of the September 30, 2016 Order appears here.