Moroccanoil Inc v. Blue Moon Beauty LLC et al, No. 2:2013cv02676 - Document 16 (C.D. Cal. 2013)
Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 15 by Judge Dolly M. Gee that (1) Defendants Blue Moon Beauty LLC and Segon Shin, their owners, officers, agents, servants, employees, attorneys, suppliers, distributors, and all those in active co ncert or participation with any of them, are permanently restrained and enjoined. (2) The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement of the Parties and the Permanent Injunction in this Judgment; (3) All remaining claims are dismissed with prejudice. (4) Final Judgment is hereby entered, with each party responsible for its own costs and attorneys fees. (MD JS-6, Case Terminated). (jp)
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Moroccanoil Inc v. Blue Moon Beauty LLC et al Doc. 16 JS-6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 9 10 MOROCCANOIL, INC., a California 11 corporation, 12 13 Plaintiff, v. CASE No. CV 13-2676 DMG (AGRx) STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION [15] 14 BLUE MOON BEAUTY LLC, a New Jersey Limited Liability company; 15 SEGON SHIN, an individual; and does 1 through 10 inclusive, 16 Defendants. 17 18 19 Based upon the Stipulation signed by counsel for Plaintiff Moroccanoil, Inc., 20 (“Moroccanoil”) and counsel for Defendants Blue Moon Beauty LLC and Segon 21 Shin (“Defendants”) for a Final Judgment in this action, the Court enters this Final 22 Judgment including a Permanent Injunction prohibiting the Defendant from 23 infringing Plaintiff’s intellectual property, including U.S. Patent and Trademark 24 Office (“USPTO”) Registration Numbers 3,478,807; 3,684,909; 3,684,910 and 25 4,057,947 (“Moroccanoil Trademarks”); and USPTO Application Serial Nos. 26 85/684,735; 85/684,740; and 85/684,742 (“Moroccanoil Trade Dress”) as part of a 27 comprehensive settlement. 28 2522.253\9993 -0[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Therefore, IT IS ORDERED that: 2 3 1. Defendants Blue Moon Beauty LLC and Segon Shin, their owners, 4 officers, agents, servants, employees, attorneys, suppliers, distributors, and all those 5 in active concert or participation with any of them, are permanently restrained and 6 enjoined from: 7 8 a. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 9 distributing, dealing in, hypothecating, offering for sale or selling, 10 directly or indirectly, any hair care or personal care product with the 11 words “moroccan” or “morocco” (including any word confusingly 12 similar to them) and the word “oil” (including any confusingly similar 13 word), unless there are at least four other words between the word 14 “moroccan” or “morocco” and the word “oil”. Any intervening four or 15 more words between the words “morroccan” or “morocco” and the 16 word “oil” must be of equal prominence in font, case, color and 17 emphasis so that they are not diminished in perception relative to the 18 words “moroccan” or “morocco” or the word “oil”; 19 20 b. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 21 distributing, dealing in, hypothecating, offering for sale or selling, 22 directly or indirectly, any hair care or personal care product containing 23 or advertised as containing argan oil that has one or more of the 24 following features: (i) blue on any product packaging; (ii) amber- 25 colored glass or plastic product packaging; (iii) orange graphic, design 26 or text elements with the colors blue or green on any product 27 packaging; 28 2522.253\9993 -1[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 c. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 2 distributing, dealing in, hypothecating, offering for sale or selling, 3 directly or indirectly, any hair care or personal care product with the 4 word “Moroccan” or “Morocco” or any word confusingly similar to 5 either of them anywhere on the packaging that also has one or more of 6 the following features: (i) the color blue on any product packaging; (ii) 7 amber-colored glass or plastic packaging; (iii) orange graphic, design 8 or text elements with the colors blue or green on any product 9 packaging; 10 11 d. Using or otherwise infringing the Moroccanoil Trademarks; e. Using or otherwise infringing the Moroccanoil Trade Dress, f. Registering, owning, controlling, acquiring, selling or otherwise 12 13 14 15 16 operating any domain name that contains the exact words “Moroccan” 17 or “Morocco,” or any confusingly similar word, and the exact word 18 “Oil” or any confusingly similar word; 19 20 g. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 21 distributing, dealing in, offering for sale or selling, directly or 22 indirectly, any product bearing any Moroccanoil Trademark or 23 Moroccanoil Trade Dress, including any colorable imitation of an 24 Moroccanoil Product and any Moroccanoil product on which any 25 trademark, trade dress, number, serial number or code, registration 26 number or code, matrix code, or other identifying symbol, mark or code 27 that has been altered, defaced, damaged, obliterated, covered, removed, 28 2522.253\9993 -2[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION or in any way eliminated; 1 2 3 h. Infringing any copyright owned by Moroccanoil; i. Causing, directing, soliciting, assisting, aiding, or abetting any other 4 5 6 person or business entity in engaging in or performing any of the 7 activities referred to in the above paragraphs (a) through (h). 8 9 2. The Court shall retain jurisdiction to enforce the terms of the 10 Settlement Agreement of the Parties and the Permanent Injunction in this Judgment; 11 12 3. All remaining claims are dismissed with prejudice. 4. Final Judgment is hereby entered, with each party responsible for its 13 14 15 own costs and attorneys fees. 16 17 DATED: June 19, 2013 18 19 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 20 21 22 Submitted by: CONKLE, KREMER & ENGEL 23 Professional Law Corporation 24 s/William C. Conkle/s 25 By: William C. Conkle Attorneys for Plaintiff Moroccanoil, 26 Inc. 27 28 2522.253\9993 -3[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION
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