-FFM Moroccanoil Inc v. Saerom Cosmetics Ltd et al, No. 2:2011cv06312 - Document 18 (C.D. Cal. 2012)
Court Description: JUDGMENT AND PERMANENT INJUNCTION filed by Judge John F. Walter that Moroccanoil's Motion for Default Judgment 14 is GRANTED in its entirety and this Final Judgment is entered against Saerom. FURTHER ORDERED that Saerom, and its owners, office rs, agents, attorneys, representatives and assigns, and all those in active concert or participation with any of them, are permanently restrained and enjoined. FURTHER ORDERED that The Court shall retain jurisdiction to enforce the terms of the Perma nent Injunction in this matter. All remaining claims between the parties are DISMISSED with prejudice. Final judgment is hereby entered, with no award of monetary damages, and with each party responsible for its own costs and attorney fees. (MD JS-6. Case Terminated). (jp)
Download PDF
<![CDATA[
-FFM Moroccanoil Inc v. Saerom Cosmetics Ltd et al Doc. 18 1 2 3 4 5 JS-6 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 MOROCCANOIL, INC., a California corporation, 13 Plaintiff, 14 v. 15 SAEROM COSMETICS, LTD, a 16 Korean business entity; and DOES 1 through 10, Inclusive, 17 Defendants. 18 19 CASE NO. CV-11-6312-JFW- FFMx JUDGMENT AND PERMANENT INJUNCTION Assigned For All Purposes: John F. Walter Date: May 14, 2012 Time: 1:30 pm Ctrm: 16 Trial Date: None Complaint Filed: August 1, 2011 20 21 22 23 24 25 26 27 28 2522.177/9990 Judgment and Permanent Injunction Dockets.Justia.com 1 This action having been commenced by Plaintiff Moroccanoil, Inc. 2 (“Moroccanoil”) against Defendant Saerom Cosmetics, Ltd. (“Saerom”), and 3 Moroccanoil having served the Summons and Complaint on Searom and a proof of 4 service of the Complaint having been filed on August 3, 2011 and Saerom having failed 5 to answer the Complaint or appear in any way, and the time for answering the 6 Complaint having past; and 7 8 Moroccanoil having shown, the following: 9 10 1. Moroccanoil owns all right, title and interest in and to the following marks 11 used in connection with the Moroccanoil products, collectively the “Moroccanoil 12 Trademarks”: 13 14 A. the word “Moroccanoil” (USPTO Registration No. 3,478,807); 15 16 17 B. “M Moroccanoil Design” (vertical) - with the word Moroccanoil in white 18 lettering written vertically with the letter M in orange written horizontally 19 on the right side (USPTO Registration No. 3,684,910); and 20 21 C. “M Moroccanoil Design” (horizontal) - with the word Moroccanoil in 22 white lettering written horizontally across the orange letter M (USPTO 23 Registration No. 3,684,909). 24 25 2. Moroccanoil owns all right, title and interest in and to the following trade 26 dress used in connection with the Moroccanoil products, collectively the “Moroccanoil 27 Trade Dress”: 28 2522.177/9990 -2- Judgment and Permanent Injunction 1 A. the word “Moroccanoil” in white, letters arranged vertically on the left side of the front label; 2 3 4 B. the use of amber colored, druggist-style bottles with black screw-on caps; C. a vertical sealing strip connecting the cap to the bottle; and D. the prominent use of the color turquoise blue. 2. Saerom is offering for sale and/or selling products which infringe 5 6 7 8 9 10 11 Moroccanoil’s Trademarks and Trade Dress to buyers in the United States, including in 12 this Judicial District; and 13 14 3. The Clerk of this Court having entered a Default against Saerom on 15 January 30, 2012; and 16 17 4. Moroccanoil having moved for entry of default; and so the Court 18 19 HEREBY FINDS that Saerom is liable for federal trademark infringement under 20 15 U.S.C. §§ 1114 & 1125 and accordingly 21 22 IT IS HEREBY ORDERED that Moroccanoil’s Motion for Default Judgment is 23 GRANTED in its entirety and this Final Judgment is entered against Saerom. 24 25 IT IS FURTHER ORDERED that Saerom, and its owners, officers, agents, 26 attorneys, representatives and assigns, and all those in active concert or participation 27 with any of them, are permanently restrained and enjoined from: 28 2522.177/9990 -3- Judgment and Permanent Injunction 1 a. Using any advertisement, label, package, sign, written 2 solicitation, printed material, electronic media, television 3 broadcast or video broadcast that shows, uses, or 4 incorporates any copy, reproduction, or colorable imitation 5 of the Moroccanoil Trademarks that could cause a likelihood 6 of confusion with Moroccanoil or suggest the sponsorship or 7 endorsement of Moroccanoil, anywhere in the world so long 8 as any of the Moroccanoil Trademarks are being used by 9 Moroccanoil or any successor in interest; 10 11 b. using any advertisement, label, package, sign, written 12 solicitation, printed material, electronic media, television 13 broadcast or video broadcast that shows, uses, or 14 incorporates any copy, reproduction, or colorable imitation 15 of the Moroccanoil Trade Dress that could cause a likelihood 16 of confusion with Moroccanoil or suggest the sponsorship or 17 endorsement of Moroccanoil, anywhere in the world so long 18 as the Moroccanoil Trade Dress is being used by 19 Moroccanoil or any successor in interest; 20 21 c. using Moroccanoil’s Trademarks or any reproduction, 22 counterfeit, copy or colorable imitation of Moroccanoil’s 23 Trademarks in connection with the importation, distribution, 24 advertising, offer for sale, and/or sale of merchandise, 25 including any products similar to the product pictured below; 26 27 28 2522.177/9990 -4- Judgment and Permanent Injunction 1 2 3 4 5 6 7 8 9 10 11 12 13 ng anoil’s Tra Dress o any repro ade or oduction, usin Morocca 14 d. 15 counterfei copy or colorable imitation of Moroc it, r e ccanoil’s 16 Trade Dress in conne ection with the import h tation, distr ribution, 17 advertising offer for sale, a g, fo and/or sale of merc e chandise, 18 including any produc similar t the prod picture above; a cts to duct ed 19 and 20 iciting, ass sisting, aid ding, or a abetting an other ny Soli 21 e. 22 person or business en in eng b ntity gaging in or performin any of r ng 23 the activiti referred to in the a ies d above Sub-Paragraph a, b, c, hs 24 and d. 25 26 27 28 2522 2.177/9990 -5- Judgm and Perm ment manent Injuncti ion 1 IT IS FURTHER ORDERE that: F R ED 2 3 1. The Court shall retai jurisdict t in tion to enfo the ter of the Permanen orce rms nt junction in this matte n er. 4 Inj 5 6 2. All remain ning claims between the parties are dismi s issed with p prejudice. 7 8 s ntered, with no award of moneta damage and with h d ary es, h Final judgment is hereby en ch esponsible for its own costs and attorney f n d fees. 9 eac party re 10 ated: May 7, 2012 7 11 Da onorable Jo F. Wal ohn lter Ho U.S District Court Judg S. ge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2522 2.177/9990 -6- Judgm and Perm ment manent Injuncti ion
]]>
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.
