Farouk Systems, Inc v. Princess Silk, L.L.C. et al, No. 8:2007cv01190 - Document 32 (C.D. Cal. 2008)
Court Description: FINAL JUDGMENT and PERMANENT INJUCTION ON CONSENT by Judge James V. Selna, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 3) Plaintiff's claims against Defendant PAUL VIRK are dismissed with prejudice. 4) Defendants PRINCESS SILK L.L.C., CINDY VIRK , individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. are permanently enjoined from advertising, promoting, representing, offering for sale, or selling any hair care product bearing, displaying, or advertising under: (a) the trade mark CHI; (b) the trademark CHI of U.S. Trademark Registration No. 2,660,257; U.S. Trademark Registration No. 3,107,769; U.S. Trademark Application Serial No. 78/524,660; and/or of U.S. Trademark Application Serial No. 76/512,597; (c) the trademark U LTRA CHI of U.S. Trademark Application Serial No. 78/622,448; (d) the trademark CHI NANO of U.S. Trademark Application Serial No. 77/055,581; or (e) and (d) the word mark BIOCHI shown in U.S. Trademark Application Serial No. 77/265,353 (collectively the Farouk Systems Trademarks), unless such hair care products are obtained by Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. from Farouk Systems, Inc. (See document for further d etails.) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: Final judgment is entered against Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. in the amount of eighty-eight thousand s ix hundred and sixty dollars and ninety-three cents ($88,660.93) (the Judgment Amount) as damages awardable under 15 U.S.C. § 1117, and that Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. are jointly and severally liable to Plaintiff for the Judgment Amount. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: This Judgment is binding on Defendants PRINCESS SILK L.L.C., CINDY VIRK, Individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. their representatives, successors, and assigns.(MD JS-6. Case Terminated) (rla)
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Farouk Systems, Inc v. Princess Silk, L.L.C. et al 1 2 3 4 5 Doc. 32 GREENBERG TRAURIG, LLP GREGORY A. NYLEN (SBN 151129) DANIELLE N. DECOU (SBN 208809) 2450 COLORADO AVENUE, SUITE 400E Santa Monica, California 90404 Telephone: (310) 586-7700 Facsimile: (310) 586-7800 Email: nyleng@gtlaw.com; decoud@gtlaw.com JS-6 BEN D. TOBOR (admitted pro hac vice) ANTHONY F. MATHENY (admitted pro hac vice) 7 GREENBERG TRAURIG, LLP 1000 Louisiana, Suite 1800 8 Houston, TX 77002 Telephone: (713) 374-3500 9 Facsimile: (713) 374-3505 Email: toborb@gtlaw.com; mathenya@gtlaw.com 6 10 11 Attorneys for Plaintiff FAROUK SYSTEMS, INC. 12 UNITED STATES DISTRICT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 SOUTHERN DIVISION CASE NO. SACV07-1190 JVS (MLGx) FAROUK SYSTEMS, INC., Plaintiff, [FILED UNDER SEAL PURSUANT TO 15 U.S.C. § 1116] v. 15 16 17 18 19 20 21 22 PRINCESS SILK, L.L.C.; CINDY VIRK d/b/a/ PRINCESS SILK; LADOU STYLE, INC.; PAUL VIRK, Defendants. FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT 23 24 25 26 27 28 1 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT HOU 406,437,920v1 Dockets.Justia.com 1 Plaintiff, FAROUK SYSTEMS, INC., (“Plaintiff”) having commenced this action 2 for an injunction and other relief against, inter alia, and defendants PRINCESS SILK, 3 L.L.C.; CINDY VIRK, individually and d/b/a/ PRINCESS SILK; LADOU STYLE, 4 INC.; and PAUL VIRK (collectively “Settling Defendants”), pursuant to the Lanham 5 Act, 15 U.S.C. § 1051, et seq., as amended by the Trademark Counterfeiting Act of 1984, 6 Public Law 98-473, and under the laws of the State of California, for the reason that 7 Settling Defendants are alleged to be engaged in manufacturing, importing, distributing, 8 offering for sale, and/or selling, among other things, of products that bear counterfeits 9 and/or imitations of Plaintiff’s trademarks as described and defined in the First Amended 10 11 Complaint (the “FSI Trademarks”); and Settling Defendants, having entered into a Settlement Agreement with Plaintiff and 12 having stipulated to entry of an Agreed Final Judgment and Permanent Injunction; and 13 the parties, having indicated below their consent to the form and entry of this Agreed 14 Final Judgment and Permanent Injunction on Consent (the “Judgement”), 15 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 16 1. 17 18 The Court has subject matter jurisdiction over this matter and personal jurisdiction over Settling Defendants. 2. The Court shall retain jurisdiction over Settling Defendants for purposes of 19 interpretation and enforcement of this provisions of this Judgment, including any future 20 questions of its violation by one or more of the Settling Defendants. 21 22 23 3. Plaintiff’s claims against Defendant PAUL VIRK are dismissed with prejudice. 4. Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing 24 business as PRINCESS SILK, and LADOU STYLE, INC. are permanently enjoined 25 from advertising, promoting, representing, offering for sale, or selling any hair care 26 product bearing, displaying, or advertising under: (a) the trademark CHI; (b) the 27 trademark CHI of U.S. Trademark Registration No. 2,660,257; U.S. Trademark 28 Registration No. 3,107,769; U.S. Trademark Application Serial No. 78/524,660; and/or 2 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT HOU 406,437,920v1 1 of U.S. Trademark Application Serial No. 76/512,597; (c) the trademark ULTRA CHI of 2 U.S. Trademark Application Serial No. 78/622,448; (d) the trademark CHI NANO of 3 U.S. Trademark Application Serial No. 77/055,581; or (e) and (d) the word mark 4 BIOCHI shown in U.S. Trademark Application Serial No. 77/265,353 (collectively the 5 “Farouk Systems Trademarks), unless such hair care products are obtained by 6 Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing business as 7 PRINCESS SILK, and LADOU STYLE, INC. from Farouk Systems, Inc. 8 5. Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing 9 business as PRINCESS SILK, and LADOU STYLE, INC. are permanently enjoined 10 from advertising, promoting, representing, offering for sale, or selling any hair care 11 product as being sponsored by, associated with, affiliated with, or connected to Farouk 12 Systems, Inc., unless such hair care products are obtained by Defendants PRINCESS 13 SILK L.L.C., CINDY VIRK, Individually and doing business as PRINCESS SILK, and 14 LADOU STYLE, INC. from Farouk Systems, Inc. 15 6. Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing 16 business as PRINCESS SILK, and LADOU STYLE, INC. are permanently enjoined 17 from representing to the public that PRINCESS SILK L.L.C., CINDY VIRK, 18 individually and doing business as PRINCESS SILK, and/or LADOU STYLE, INC. are 19 authorized by Farouk Systems, Inc. to promote, advertise, sell, or offer for sale any hair 20 care product bearing, displaying, or advertised under the Farouk Systems Trademarks. 21 7. Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and doing 22 business as PRINCESS SILK, and LADOU STYLE, INC. are permanently enjoined 23 from advertising, promoting, selling, offering for sale, or in any other way representing to 24 the public that any hair care products, not originating from Farouk Systems, Inc., are 25 associated with, sponsored by, connected with, or affiliated with Farouk Systems, Inc. 26 8. The portion of the Preliminary Injunction on Consent as to Defendants 27 PRINCESS SILK, L.L.C. and CINDY VIRK d/b/a PRINCESS SILK entered October 17, 28 2007, and the portion of the Temporary Restraining Order, Seizure Order, Order 3 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT HOU 406,437,920v1 1 Restraining Transfer of Assets, Order to Show Cause for Preliminary Injunction, Order 2 for Expedited Discovery and Order Sealing File entered October 9, 2007, enjoining 3 Defendants, their corporate parents, subsidiaries, directors, officers, agents, servants, 4 employees, representatives, confederates, and affiliates and any other persons or entities 5 acting in concert or participation with Defendants, and any banks, savings and loan 6 associations or other financial institutions (including, without limitation, Washington 7 Mutual), or agencies which engage in the transfer of real property, or anyone who 8 receives actual notice of this order from transferring, disposing of, or secreting any 9 money derived from Defendants’ counterfeiting activities pending the disposition of this 10 action is hereby lifted, and that all bank accounts previously frozen, including, without 11 limitation, Defendants’ Washington Mutual accounts, shall be unfrozen and Defendants 12 shall disperse the funds from Defendants’ previously frozen bank accounts in accordance 13 with the Settlement Agreement between the Parties. 9. 14 The corporate surety bond, cash or certified check in the amount of twenty 15 thousand dollars ($20,000) posted by Plaintiff as required by the Temporary Restraining 16 Order, Seizure Order, Order Restraining Transfer of Assets, Order to Show Cause for 17 Preliminary Injunction, Order for Expedited Discovery and Order Sealing File entered 18 October 9, 2007, is hereby released. 19 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: 20 Plaintiff shall be entitled to recover the Settlement Amount of eleven thousand 21 three hundred thirty-nine dollars and seven cents ($11,339.07) by release of the monies 22 currently restrained at Washington Mutual Bank (Account No. 30900001002928 in the 23 name of Princess Silk LLC in the amount of $1352.20; Washington Mutual Bank 24 Account No. 30900004523210 in the name of Princess Silk LLC in the amount of 25 $318.06; and Washington Mutual Bank Account No. 30900004523442 in the name of 26 Cindy Virk in the amount of 9,668.81). 27 /// 28 /// 4 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT HOU 406,437,920v1 1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: 2 Final judgment is entered against Defendants PRINCESS SILK L.L.C., CINDY 3 VIRK, individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. 4 in the amount of eighty-eight thousand six hundred and sixty dollars and ninety-three 5 cents ($88,660.93) (the “Judgment Amount”) as damages awardable under 15 U.S.C. § 6 1117, and that Defendants PRINCESS SILK L.L.C., CINDY VIRK, individually and 7 doing business as PRINCESS SILK, and LADOU STYLE, INC. are jointly and severally 8 liable to Plaintiff for the Judgment Amount. 9 10 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: This Judgment is binding on Defendants PRINCESS SILK L.L.C., CINDY VIRK, 11 Individually and doing business as PRINCESS SILK, and LADOU STYLE, INC. their 12 representatives, successors, and assigns. 13 14 Dated: September 30, 2008 By:_______________________________ Honorable James V. Selna United States District Judge 15 16 17 18 Respectfully submitted by: GREENBERG TRAURIG, LLP 19 20 By: /s/ Gregory A. Nylen Gregory A. Nylen 21 22 23 Attorneys for Plaintiff FAROUK SYSTEMS, INC. 24 25 26 27 28 5 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT HOU 406,437,920v1
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