UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

 

COACH, INC. and COACH SERVICES, INC., 

Plaintiffs, 

 

v. Case No. 15-10740 

SOURCE II, INC. and CERHUE ANDRE 

WALKER, individually and d/b/a SOURCE II, 

INC., 

 Defendants. 

 / 

JUDGEMENT AND PERMANENT INJUNCTION 

 Upon consideration of Plaintiffs Coach, Inc. and Coach Services, Inc.’s 

(hereinafter collectively referred to as “Coach” or “Plaintiffs”) Motion for Summary 

Judgment and Supplemental Briefing Regarding Plaintiffs’ Election of Statutory 

Damages against Defendants Source II, Inc. (“Source II”) and Cerhue Andre Walker, 

individually and d/b/a Source II, Inc. (“Walker”) (hereinafter collectively referred to as 

“Defendants”), having granted Plaintiffs’ Motion for Summary Judgment and having 

heard the evidence before it and having considered this case’s docket, pleadings, 

exhibits, and memoranda filed, this Court hereby states and finds as follows: 

FINDINGS

1. Defendant Walker is the sole member and owner of Defendant Source II, which 

operates a clothing and accessory store, The Source Apparel. 

2. On December 4, 2014, law enforcement officials executed a search warrant at 

the Source Apparel and seized thousands of counterfeit handbags, wallets, and 

accessories worth approximately $1,671,040. Four counterfeit Coach purses 

were among the products seized. An investigator for Coach examined the 

purses and concluded they were counterfeit. 
2 

3. Prior to that, on February 21, 2014, Defendants sold to a confidential informant 

twenty-eight items, including a Coach wallet, which was determined to be 

counterfeit. 

4. Defendants’ entire course of conduct demonstrates willfulness. Undisputed 

evidence in the record shows that Defendants’ superficially legitimate business 

was merely a front — Defendants’ store concealed a hidden backroom where 

Defendants traded in counterfeit products. Defendants have not disputed the 

existence of or their involvement in this illicit enterprise. Defendants’ willfulness 

is further evidenced by the scale of their illegitimate business. The Court can 

scarcely conceive of stronger evidence of willful infringement than Defendants’ 

underhanded efforts to illegally acquire, quietly transport, display out of easy 

sight in the “back room,” and offer for sale what amount to — literally — a small 

fortune in counterfeit goods. 

5. Defendants are not licensed or otherwise authorized to use Coach’s Trademarks. 

6. Defendants infringed on the Coach Trademarks at issue in this action and are 

liable for federal trademark infringement and counterfeiting (15 U.S.C. § 1114), 

false designations of origin (15 U.S.C. § 1125(a)), and violation of the Michigan 

Consumer Protection Act (Mich. Comp. Laws § 445.903(1)). 

7. Coach has shown a tangible risk of irreparable harm and that it will lack an 

adequate legal remedy if this Permanent Injunction is not entered. The Lanham 

Act authorizes courts to grant injunctions “under principals of equity and upon 

such terms as the court may deem reasonable” to prevent future infringement; 

8. Weighing the equities favors Coach’s requested relief; 

9. It is in the public interest that the Court enter a Permanent Injunction; and 

10. Defendants do not contest the suitability of entry of a Permanent Injunction in this 

case. 

IT IS, THEREFORE, HEREBY ORDERED that a Permanent Injunction is entered 

against Defendants pursuant to Fed. R. Civ. P. 65, forever enjoining the Defendants, 

their respective officers, agents, servants, employees, and attorneys and upon those 

persons in active concert or participation with them from: 

 a. Manufacturing, importing, advertising, marketing, promoting, supplying, 

distributing, offering for sale, or selling any products or merchandise, including apparel, 

handbags, wallets, purses, and/or related products, not authorized by the Coach, 
3 

bearing unauthorized simulations, reproductions, counterfeits, copies or colorable 

imitations of the Plaintiffs’ Trademarks, or bearing a design or image which is of a 

substantially similar appearance to the Plaintiffs’ Trademarks. Specifically, those 

Trademarks as listed below: 

Registratio

n No. 

Mark Classes Date of 

Registration 

Image 

2,088,706 COACH 6, 9, 16, 18, 20 and 25 for 

inter alia key fobs, 

eyeglass cases, cellular 

phone cases satchels, tags 

for luggage, luggage, 

backpacks, picture frames, 

hats, gloves and caps. 

August 19, 1997 

3,157,972 COACH 35 for retail store services. October 17, 

2006 

0,751,493 COACH 14 for Leather Goods, 

namely, Utility Kits, 

Portfolios, Key Cases, 

Comb Cases, Pass Cases, 

Money Clips, Billfolds, 

Wallets, Pocket 

Secretaries, Stud Cases, 

Jewel Cases, and Leather 

Book Covers. 

June 23, 1963 

2,451,168 COACH 9 for eyeglasses. May 15, 2001 

4,105,689 COACH 9 for sunglasses. February 25, 

2012 

2,537,004 COACH 24 for inter alia home 

furnishings. 

February 5, 

2002 

1,846,801 COACH 25 for inter alia men’s and 

women’s coats and 

jackets. 

July 26, 1994 

3,439,871 COACH 18 for inter alia umbrellas. June 3, 2008 

2,061,826 COACH 12 for inter alia seat 

covers. 

May 13, 1997 
4 

Registratio

n No. 

Mark Classes Date of 

Registration 

Image 

2,231,001 COACH 25 for inter alia clothing for 

men, women and children 

namely, coats, jackets, 

overcoats, raincoats, shirts, 

vest, scarves, shoes and 

belts. 

March 9, 1999 

2,939,127 COACH 9 for inter alia camera 

cases. 

April 12, 2005 

3,354,448 COACH 14 for inter alia jewelry. December 11, 

2007 

2,446,607 COACH 16 for inter alia writing 

instruments. 

April 24, 2001 

2,291,341 COACH 14 for inter alia clocks and 

watches. 

November 9, 

1999 

1,071,000 COACH 18, 25 for inter alia

women’s handbags and 

men’s and women’s belts. 

August 9, 1977 

3,633,302 COACH 3 for inter alia perfumes, 

lotions and body sprays. 

June 2, 2009 

4,168,626 COACH NEW 

YORK 

18, 25 for briefcases, 

satchels, tote bags, duffle 

bags, key cases, coin 

cases, wallets, hats, caps, 

gloves, coats, jackets, 

vests, shirts, overcoats, 

raincoats, scarves, ties, 

shoes and belts. 

July 3, 2012 

4,296,584 COACH NEW 

YORK 

9, 16 for cases for 

eyeglasses and 

sunglasses, sunglasses 

and spectacles, calendars 

and diaries 

February 26, 

2013 

3,413,536 COACH EST. 

1941 STYLIZED 

14 for jewelry April 15, 2008 

2,534,429 COACH & 

LOZENGE 

DESIGN 

9 for inter alia eyeglasses, 

eyeglass frames and 

sunglasses. 

January 29, 

2002 
5 

Registratio

n No. 

Mark Classes Date of 

Registration 

Image 

3,363,873 COACH & 

LOZENGE 

DESIGN 

3 for inter alia fragrances. January 1, 2008 

2,252,847 COACH & 

LOZENGE 

DESIGN 

35 for retail services. June 15, 1999 

2,291,368 COACH & 

LOZENGE 

DESIGN 

14 for inter alia watches. November 9, 

1999 

2,534,429 COACH & 

LOZENGE 

DESIGN 

9 for inter alia eyeglasses, 

eyeglass frames and 

sunglasses. 

January 29, 

2002 

2,169,808 COACH & 

LOZENGE 

DESIGN 

25 for inter alia clothing for 

men and women, namely, 

coats, jackets, scarves, 

shoes, and belts. 

June 30, 1998 

2,045,676 COACH & 

LOZENGE 

DESIGN 

6, 9, 16, 18, 20, 25 for inter 

alia key fobs, money clips, 

phone cases, computer 

cases, briefcases, 

satchels, duffel bags, hats, 

caps and gloves. 

March 18, 1997 

1,070,999 COACH & 

LOZENGE 

DESIGN 

18, 25 for inter alia

women’s handbags and 

men’s and women’s belts. 

August 9, 1977 

1,309,779 COACH & 

LOZENGE 

DESIGN 

9, 16, 18 for inter alia

eyeglass cases and leather 

goods, namely, wallets, 

handbags and shoulder 

bags. 

December 19, 

1984 

2,035,056 COACH & 

LOZENGE 

DESIGN 

3, 21 for inter alia leather 

cleaning products and 

shoe brushes. 

February 4, 

1997 

2,983,654 COACH & 

LOZENGE 

DESIGN 

18, 24, 25 for inter alia 

handbags, leather goods, 

fabrics, swimwear, hats 

and shoes. 

August 9, 2005 
6 

Registratio

n No. 

Mark Classes Date of 

Registration 

Image 

2,626,565 CC & DESIGN 

(Signature C) 

18 for inter alia handbags, 

purses, clutches, shoulder 

bags, tote bags, and 

wallets. 

September 24, 

2002 

2,822,318 CC & DESIGN 

(Signature C) 

24 for inter alia fabric for 

use in the manufacture of 

clothing, shoes, handbags, 

and luggage. 

March 16, 2004 

2,832,589 CC & DESIGN 

(Signature C) 

6, 9, 14, 18, for inter alia

sunglasses and eye glass 

cases, leather goods, 

metal key fobs, leather key 

fobs jewelry, watches, 

umbrellas 

April 13, 2004 

2,592,963 CC & DESIGN 

(Signature C) 

25 for inter alia clothing 

namely, scarves, belts, 

gloves , hats, shoes, coats, 

jackets. 

July 9, 2002 

2,822,629 CC & DESIGN 

(Signature C) 

35 for retail services. March 16, 2004 

4,365,898 COACH Signature 

C Design 

9 for Protective covers and 

cases for cell phones, 

laptops and portable media 

players 

July 9, 2013 

3,396,554 AMENDED CC & 

DESIGN 

(Signature C) 

3 for inter alia fragrances. March 11, 2008 

3,012,585 AMENDED CC & 

DESIGN 

(Signature C) 

18, 24, 25 for inter alia

handbags, purses, wallets, 

umbrellas, fabrics for the 

use in manufacturing 

clothings, shoes and 

handbags and clothing 

namely scarves, hats, caps 

and shoes. 

November 8, 

2005 
7 

Registratio

n No. 

Mark Classes Date of 

Registration 

Image 

3,784,814 COACH OP ART 9 for eyeglasses and 

sunglasses. 

May 4, 2010 

4,365,899 COACH OP ART 9 for Protective covers and 

cases for cell phones, 

laptops and portable media 

players 

July 9, 2013 

4,105,636 COACH OP ART 14, 18, 25 for Jewelry, 

watches, wallets, 

handbags, belts, hats, 

scarves, shoes, coats, 

gloves and t-shirts. 

February 28, 

2012 

3,696,470 COACH OP ART 

& Design 

18, 24 and 25 for inter alia

handbags, wallets, 

umbrellas, hats, scarves, 

belts, coats, shoes and 

fabrics for the 

manufacturing of clothing, 

shoes and handbags. 

October 13, 

2009 

4,391,741 COACH 

LEATHERWARE 

EST. 1941 

[Heritage Logo] 

3 for After-shave; Body 

lotions; Fragrances; Makeup; Perfumes; Soaps for 

personal use 

August 27, 2013 

4,296,582 COACH EST. 

1941 NEW YORK 

14,16,18 and 25 for jewelry 

and watches, handbags, 

leather credit card cases, 

purses, shoulder bags, 

wallets, belts, coats, tshirts, hats, gloves, shoes, 

day planners. 

February 26, 

2013 

4,359,191 COACH EST. 

1941 NEW YORK 

9 for Protective covers and 

cases for cell phones, 

laptops and portable media 

players. 

June 25, 2013 
8 

Registratio

n No. 

Mark Classes Date of 

Registration 

Image 

3,251,315 COACH EST. 

1941 

18, 25 for inter alia

handbags, small leather 

goods, jackets, coats and 

shoes. 

June 12, 2007 

3,338,048 COACH 

STYLIZED 

18 for inter alia luggage, 

backpacks, purses, wallets, 

and shoulder bags. 

November 11, 

2007 

3,149,330 C & LOZENGE 

LOGO 

14 for watches. September 26, 

2006 

2,162,303 COACH & TAG 

DESIGN 

25 for belts. June 2, 1998 

4,334,351 COACH & TAG 9 for Protective covers and 

cases for cell phones, 

laptops and portable media 

players. 

May 14, 2013 

3,685,590 COACH & TAG 14 for Bracelets; Earrings; 

Jewelry; Necklaces; Rings 

being jewelry; Watches 

September 22, 

2009 

2,088,707 COACH & TAG 

DESIGN 

18 for briefcases, 

handbags, satchels, tote 

bags, duffle bags, cosmetic 

bags, luggage. 

August 19, 1997 

3,908,558 POPPY 9 for eyeglasses and 

sunglasses. 

January 18, 

2011 

3,812,170 POPPY 18 for inter alia backpacks, 

briefcases, leather key 

chains, bags, wallets and 

billfolds. 

June 29, 2010 

 This includes, but is not limited to, the following marks used by Defendants, and 

any mark bearing a design or image which is of a substantially similar appearance: 
9 

b. Using Plaintiffs’ Trademarks or any reproductions, counterfeit copies or 

colorable imitations thereof in any manner in connection with the distribution, marketing, 

advertising, offering for sale, or sale of any product that is not a genuine product of 

Plaintiffs or not authorized by Plaintiffs to be sold in connection with the Plaintiffs’ 

Trademarks; 

c. Passing off, inducing, or enabling others to sell or pass off any product as 

a genuine product of Plaintiffs or any other product produced by Plaintiffs, that is not a 

genuine product of Plaintiffs or not produced under the authorization, control or 

supervision of Plaintiffs and approved by Plaintiffs for sale under Plaintiffs’ Trademarks; 

d. Committing any acts calculated to cause consumers to believe that 

Defendants’ products are those sold under the authorization, control or supervision of 

Plaintiffs, or are sponsored by, approved by, or otherwise connected with Plaintiffs; 

e. Further infringing Plaintiffs’ Trademarks and damaging Plaintiffs’ goodwill; 

f. Manufacturing, shipping, delivering, holding for sale, transferring or 

otherwise moving, storing, distributing, returning, or otherwise disposing of, in any 

manner, products or inventory not manufactured by or for Plaintiffs, nor authorized by 
10 

Plaintiffs to be sold or offered for sale, and which bear any of Plaintiffs’ Trademarks or 

any reproductions, counterfeit copies or colorable imitations thereof; 

g. Engaging in any other acts and practices that deceive consumers, the 

public, and/or trade, including without limitation, the use of designations associated with 

Coach. 

IT IS FURTHER ORDERED AND ADJUDGED that Defendants shall recall from 

any distributors and retailers and to deliver to Coach for destruction or other disposition 

all remaining inventory of all Infringing Products, including all advertisements, 

promotional and marketing materials therefore, as well as means of making same. 

Defendants shall also file with this Court and serve on Coach within thirty (30) days after 

entry of the injunction a report in writing under oath setting forth in detail the manner 

and form in which Defendants have complied with the injunction.

IT IS FURTHER ORDERED AND ADJUDGED that the Court finds that 

Defendants have intentionally used counterfeit marks as defined in Section 

1116(d)(1)(B) of Title 15. 

IT IS FURTHER ORDERED AND ADJUDGED that pursuant to 15 U.S.C.§ 

1117(c)(2), Coach is awarded statutory damages and attorney fees and costs from the 

Defendants, jointly and severally, in the amount of three hundred thousand dollars 

($300,000) for use by the Defendants of one or more counterfeit Coach Trademarks; 

IT IS FURTHER ORDERED AND ADJUDGED:

 That the Court finds that there is no just reason for delay, and therefore, pursuant 

to Fed. R. Civ. P. 54(b), the Court expressly directs the entry of judgment on all rulings 

made by the Court which shall operate as a final judgment as to Defendants. 
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Dated at Port Huron, Michigan, this twenty-first day of April, 2017. 

s/Robert H. Cleland / 

ROBERT H. CLELAND 

UNITED STATES DISTRICT JUDGE 

I hereby certify that a copy of the foregoing document was mailed to counsel of record 

on this date, April 21, 2017, by electronic and/or ordinary mail. 

s/Lisa Wagner / 

 Case Manager and Deputy Clerk 

 (313) 234-5522 

S:\Cleland\TLH\Civil\15-10740.COACH.injunction.judgment.docx