OPI Products Inc. v. Paul Sutton et al, No. 2:2009cv07452 - Document 9 (C.D. Cal. 2010)
Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION filed by Judge Margaret M. Morrow against defendant Paul Sutton (MD JS-6. Case Terminated) (rrey)
Download PDF
<![CDATA[
OPI Products Inc. v. Paul Sutton et al Doc. 9 JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 OPI PRODUCTS INC, a California corporation, 12 Plaintiff, 13 v. 14 PAUL SUTTON, individually and dba 15 BALL BEAUTY PRODUCTS AND SUPPLIES; and DOES 1 through 10, 16 inclusive, Defendant. 17 CASE No. CV09-07452 MMM (SSx) [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Assigned for All Purposes: Hon. Margaret M. Morrow Courtroom 780 Trial Date: None 18 19 20 21 Based upon the Stipulation signed by counsel for Plaintiff OPI Products, Inc. 22 (“OPI”) and counsel for Defendant Paul Sutton dba Ball Beauty Products and Supplies 23 (“Ball Beauty”) for a final resolution of this action, the Court believes this is a proper 24 action to make a Final Judgment including a Permanent Injunction as part of a 25 comprehensive settlement. 26 27 28 2912.009\9991 [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Therefore, IT IS ORDERED that: 2 3 1. Defendant Paul Sutton dba Ball Beauty Products and Supplies (“BALL 4 BEAUTY”) and its owners, officers, agents, servants, employees, attorneys, suppliers, 5 distributors, those who provide marketing, promotional, distribution, and selling 6 services for BALL BEAUTY through its Internet website, www.ballbeauty.com or 7 otherwise, and all those in active concert or participation with any of them, are 8 permanently restrained and enjoined from: 9 10 a. Using on its Internet website, www.ballbeauty.com, or 11 using on any other website operated by, controlled by, or 12 affiliated with BALL BEAUTY (including without 13 limitation, eBay.com, Amazon.com or similar third party 14 website) anywhere in the world any reproduction, 15 counterfeit, copy, or colorable imitation of the OPI 16 Trademarks or OPI Copyrights, or otherwise, for so long as 17 any of the OPI Trademarks or OPI copyrights are being used 18 by OPI or any successor-in-interest, by itself or in 19 connection with any other word, symbol or alphanumeric 20 characters, in connection with the sale, offering for sale, 21 distribution, or advertising of any goods or services; 22 23 b. 24 www.ballbeauty.com, or any other website operated by, 25 controlled by or affiliated with BALL BEAUTY (including 26 without limitation, eBay.com, Amazon.com or similar third 27 party website) anywhere in the world any false designation 28 of origin or false representation of any OPI products, OPI 2912.009\9991 Using on an Internet -1- website such as, [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 Trademarks, or OPI Copyrights, or otherwise for so long as 2 the OPI Trademarks, or OPI Copyrights are being used by 3 OPI or any successor-in-interest; 4 5 c. Using any advertisement, label, package, sign, written 6 solicitation, printed material, electronic media, television 7 broadcast or video broadcast featuring the OPI Trademarks, 8 the OPI Copyrights, or any counterfeit, copy, reproduction, 9 or colorable imitation of the OPI Trademarks or the OPI 10 Copyrights anywhere in the world so long as any of the OPI 11 Trademarks or OPI Copyrights are being used by OPI or any 12 successor in interest; 13 14 d. Acquiring, purchasing, receiving, storing, advertising, 15 selling or transferring OPI Products anywhere in the world 16 including at a store located at 416 North Fairfax Avenue, Los 17 Angeles, California, or any other stores now owned or 18 controlled, or subsequently owned or controlled by BALL 19 BEAUTY; and 20 21 e. Soliciting, assisting, aiding, or abetting any other 22 person or business entity in engaging in or performing any of 23 the activities referred to in the above Sub-Paragraphs 1 (a), 24 1(b), 1(c) and 1(d). 25 26 2. The Court shall retain jurisdiction to enforce the terms of the Settlement 27 Agreement and the Permanent Injunction in this matter. 28 2912.009\9991 -2- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 3. All remaining claims between the parties are dismissed with prejudice. 4. Final judgment is hereby entered, with no award of monetary damages, 2 3 4 and with each party responsible for its own costs and attorney fees. 5 6 So Ordered. 7 8 Dated: August 9, 2010 9 10 Honorable Margaret M. Morrow U.S. District Court Judge 11 12 13 14 Respectfully submitted by 15 Conkle, Kremer & Engel, PLC 16 s/William C. Conkle/s 17 William C. Conkle Attorneys for Plaintiff OPI Products, 18 Inc. 19 20 21 22 23 24 25 26 27 28 2912.009\9991 -3- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
