OPI Products, Inc. v. Trans Design, Inc. et al, No. 2:2010cv02310 - Document 21 (C.D. Cal. 2011)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Dale S. Fischer, in favor of OPI Products, Inc. against Trans Design, Inc., Ngu Tran (MD JS-6, Case Terminated). (bp)
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OPI Products, Inc. v. Trans Design, Inc. et al Doc. 21 1 2 3 4 5 JS 6 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 TRANS DESIGN, INC., a Georgia 15 corporation, NGU TRAN, an individual, and DOES 1 through 10, 16 inclusive, 17 CASE No. CV10-2310 DSF (MANx) FINAL JUDGMENT AND PERMANENT INJUNCTION Defendant. 18 19 20 21 Based upon the Application for Default Judgment submitted by Plaintiff OPI 22 Products, Inc. (“OPI”) the Court enters this Final Judgment and Permanent Injunction. 23 24 25 26 27 28 Dockets.Justia.com 1 The following definitions are used in the Judgment: 2 3 The OPI Trademarks 4 (1) The word OPI (USPTO Registration No. 2,300,077, with a first use in commerce date of 1981) 5 6 7 (2) The bottle design (spherical bottle with rounded sides and cylindrical cap) 8 (USPTO Registration No. 3,569,558 , with a first use in commerce date of 9 January 1, 1992) 10 11 (3) The words OPI NAIL LACQUER (USPTO Registration No. 3,037,202, with a first use in commerce date of 1989) 12 13 14 (4) The word OPI in stylized form within a shaded rectangle with a dot 15 between the O and the P and between the P and the I (USPTO 16 Registration No. 1,813,313, with a first use in commerce date of 17 September 1, 1991) 18 19 (5) The word O-P-I in Class 41 for educational services in the field of nail 20 care (USPTO Registration No. 3,164,420, with a first use in commerce 21 date of 1981) 22 23 The OPI Copyrights 24 Full Title Copyright Number Date 25 Consumer site classic VA0001173230 2002 26 I’m not really a waitress TXu001295262 2005 27 Las Vegas collection VA0001207080 2003 28 -2- 1 OPI Designer Series Collection VA0001684003 2009 2 OPI France Collection VA0001684001 2009 3 OPI India Collection VA0001683998 2009 4 OPI professional site – VA0001205188 2003 6 OPI South Beach Collection VA0001684004 2009 7 Professional site classic VA0001223858 2002 8 Professional site collection VA0001208442 2002 9 OPI Designer Series Collection VA0001696899 2009 10 OPI France Collection VA0001696893 2009 11 OPI India Collection VA0001696894 2009 12 OPI biz.oopi.com images VA0001685382 2009 13 OPI Spain Collection VA0001705157 2010 14 OPI Hong Kong Collection with VA0001704440 2010 5 Las Vegas collection 15 Models 16 OPI Spain Collection with Displays VA0001703817 2010 17 18 IT IS ADJUDICATED that : 19 20 1. Defendant Trans Design Inc. and Ngu Tran (“collectively “Trans Design”) 21 and its owners, officers, agents, servants, employees, attorneys, suppliers, distributors, 22 those who provide marketing, promotional, distribution, and selling services for Trans 23 Design through its Internet website, www.transdesign.com or otherwise, and all those 24 in active concert or participation with any of them, are permanently restrained and 25 enjoined from: 26 27 a. Using on its Internet website, www.transdesign.com, 28 or using on any other website operated by, controlled by, or -3- 1 affiliated with Trans Design (including without limitation, 2 eBay.com, Amazon.com or similar third party website) 3 anywhere in the world any reproduction, copy, or work 4 derivative of the OPI Copyrights anywhere in the world so 5 long as any of the OPI Copyrights are being used by OPI or 6 any successor in interest; 7 8 b. Using on its Internet website, www.transdesign.com, 9 or using on any other website operated by, controlled by, or 10 affiliated with Trans Design (including without limitation, 11 eBay.com, Amazon.com or similar third party website) 12 anywhere in the world any reproduction, counterfeit, copy, 13 or colorable imitation of the OPI Trademarks that could 14 cause a likelihood of confusion with OPI or suggest the 15 sponsorship or endorsement of OPI, for so long as any of the 16 OPI Trademarks are being used by OPI or any successor-in- 17 interest, alone or in connection with any other word, symbol 18 or alphanumeric characters, in connection with the sale, 19 offering for sale, distribution, or advertising of any goods or 20 services; 21 22 c. Using on an Internet 23 www.transdesign.com, or any other website operated by, 24 controlled by or affiliated with Trans Design (including 25 without limitation, eBay.com, Amazon.com or similar third 26 party website) anywhere in the world any false designation 27 of origin or false representation of any OPI products, OPI 28 -4- website such as, 1 Trademarks, or otherwise for so long as the OPI Trademarks 2 are being used by OPI or any successor-in-interest; 3 4 d. 5 solicitation, printed material, electronic media, television 6 broadcast or video broadcast that shows, uses, or 7 incorporates any copy, reproduction, or work derivative of 8 the OPI Copyrights anywhere in the world so long as any of 9 the OPI Copyrights are being used by OPI or any successor 10 Using any advertisement, label, package, sign, written in interest; 11 12 e. Using any advertisement, label, package, sign, written 13 solicitation, printed material, electronic media, television 14 broadcast or video broadcast that shows, uses, or 15 incorporates any counterfeit, copy, reproduction, or colorable 16 imitation of the OPI Trademarks that could cause a 17 likelihood of confusion with OPI or suggest the sponsorship 18 or endorsement of OPI, anywhere in the world so long as any 19 of the OPI Trademarks are being used by OPI or any 20 successor in interest; 21 22 f. Acquiring, purchasing, receiving, storing, advertising, 23 selling or transferring counterfeit, decoded, or substandard 24 OPI Products anywhere in the world; and 25 26 g. Soliciting, assisting, aiding, or abetting any other 27 person or business entity in engaging in or performing any of 28 -5- 1 the activities referred to in the above Sub-Paragraphs 1 (a), 2 1(b), 1(c), 1 (d), 1(e), and 1(f). 3 4 2. This judgment does not enjoin the use of Trans Design created or 5 commissioned images of OPI products in conjunction with the sale of OPI products that 6 are not counterfeit, decoded, or substandard. 7 8 3. The Court shall retain jurisdiction to enforce the terms of the Permanent 9 Injunction in this matter. 10 11 4. All remaining claims between the parties are dismissed with prejudice. 5. Final judgment is hereby entered, with no award of monetary damages, 12 13 14 and with each party responsible for its own costs and attorney fees. 15 16 Dated: 1/28/11 17 Honorable Dale S. Fischer United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -6-
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