OPI Products, Inc. v. Beauty Treats International Co., Inc. et al, No. 2:2009cv05383 - Document 7 (C.D. Cal. 2009)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Philip S. Gutierrez, in favor of OPI Products, Inc. against Beauty Treats International Co., Inc., Does. Defendants Beauty Treats and its officers, employees, and all those in active concert or participation with any of them, are permanently restrained and enjoined from: 1. Using in commerce the bottle and label as embodied in the "Accused Product" shown in Exhibit A, for so long as the OPI Bottle Design Mark (USPTO Registrati on No. 3,569,558 ) is being used by OPI or any successor-in- interest, by itself or in connection with any other word, symbol or alphanumeric characters, in connection with the sale, offering for sale, distribution, or advertising of any goods or ser vices which use is likely to cause confusion, or to cause mistake, or to deceive; 2. Reproducing, counterfeiting, copying, or colorably imitating the registered trademark "OPI" (USPTO Registration No. 2,300,077), for so long as the mark is being used by OPI or any successor-in-interest, and applying such reproduction, counterfeit, copy, colorable imitation to labels, sign, prints, packages, wrappers, receptacles, or advertisements intended to be used in commerce in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in such use is likely to cause confusion, or to cause mistake, or to deceive; 3. Using in commerce any reproduction, counterfeit, copy, or colorable imitation of the &q uot;OPI Bottle Design Mark" for so long as the mark is being used by OPI or any successor-in-interest, by itself or in connection with any other word, symbol or alphanumeric characters, in connection with the sale, offering for sale, distributio n, or advertising of any goods or services which use is likely to cause confusion, or to cause mistake, or to deceive; 4. Reproducing, counterfeiting, copying, or colorably imitating the registered "OPI Bottle Design Mark", as embodied in t he Accused Product, or otherwise, for so long as the mark is being used by OPI or any successor-in-interest and applying such reproduction, counterfeit, copy, colorable imitation to labels, sign, prints, packages, wrappers, receptacles, or advertisem ents intended to be used in commerce in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. 5. Solici ting, assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in the above Paragraphs 1 through 4. 6. By agreement of the parties, this order allows Beauty Treats to use its re gistered trademark shown below on goods other than nail polish, nail lacquer, or nail care products. 7. The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement and the Permanent Injunction in this matter. 8. All remaining claims between the parties in this matter are hereby dismissed with prejudice. 9. Final judgment is hereby entered, with no award of monetary damages, and with each party responsible for its own costs and attorney fees. Related to: Stipulation for Judgment 6 (MD JS-6. Case Terminated) (bm)