Athena Cosmetics Inc v. Athena Bioscience et al
Filing
26
JUDGMENT by Judge Andrew J. Guilford, in favor of Athena Cosmetics Inc against Athena Bioscience (ade)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 After considering the sworn testimony and documents presented into 20 evidence and the pleadings submitted in connection with this matter, the Court 21 having GRANTED plaintiff Athena Cosmetic's application for a default judgment 22 on October 27, 2008, and good cause showing, the Court orders, adjudges and 23 decrees that: 24 1. This Court has jurisdiction over the parties and the causes of action 25 asserted herein. Venue is proper in this Judicial District. 26 2. Plaintiff Athena Cosmetics is entitled to judgment against defendant 27 Athena Bioscience, LLC on the following claims in the complaint: (i) violations of 28 the Lanham Act, 15 U.S.C. section 1114; (ii) violation of the Lanham Act, 15
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JS-6
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ATHENA COSMETICS, a Nevada Corporation, Plaintiff, vs. ATHENA BIOSCIENCE, a California Limited Liability Corporation, Defendant. CASE NO. SACV08-0532 AG (MLGx) JUDGMENT AGAINST ATHENA BIOSCIENCE, LLC AND IN FAVOR OF ATHENA COSMETICS TRIAL DATE: none set
[2ND PROPOSED] JUDGMENT
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1 U.S.C. section 1125; and (iii) for permanent injunctive relief pursuant to 15 U.S.C. 2 section 1116. 3 3. Plaintiff Athena Cosmetics shall have judgment against defendant This sum consists of 4 Athena Bioscience, LLC in the amount of $258,600.
5 $250,000 as damages and restitution (based upon the evidence submitted by 6 plaintiff as to defendant's sales), and $8,600 for attorney's fees and costs incurred 7 by plaintiff in this action. 8 4. Defendant Athena Bioscience, LLC, and its officers, directors, 9 members, affiliates and other persons, acting in concert or participation with it, are 10 permanently enjoined from in any manner infringing or contributing to or 11 participating in the infringement of the following trademarks: 12 13 14 15 16 17 18 5. This Court retains jurisdiction over the parties for the purpose of 19 ensuring compliance with the terms of this Judgment and Injunction, enabling the 20 parties to apply to this Court at any time for further orders, and modifying this 21 Injunction as future events warrant. 22 23 24 25 26 27 28
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ATHENA COSMETICS REVITALASH REVITALIZE YOUR LASHES. LONGER, THICKER, FULLER
U.S. Registration No. 3413360 U.S. Registration No. 3246814 U.S. Registration No. 3306082
So ordered, adjudged and decreed.
Dated: November 25, 2008 ________________
_____________________________________ HON. ANDREW J. GUILFORD
[2ND PROPOSED] JUDGMENT
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