Moroccanoil Inc v. Ayet.Laine LLC et al, No. 2:2013cv02962 - Document 21 (C.D. Cal. 2013)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Dolly M. Gee : Defendants Ayet Laine LLC doing business as Mouna De Laine and Mouna De Laine, and their agents are permanently enjoined re plaintiffs trademarks, tradedress etc.All remaining claims are dismissed with prejudice. each party responsible for its own costs and attorneys fees. (MD JS-6. Case Terminated) (lc)

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Moroccanoil Inc v. Ayet.Laine LLC et al Doc. 21 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 MOROCCANOIL, INC., a California corporation, 12 Plaintiff, 13 v. 14 AYET LAINE LLC, a California 15 Limited Liability company doing business as MOUNA DE LAINE; 16 MOUNA DE LAINE, an individual; and does 1 through 10 inclusive, 17 Defendant. 18 CIVIL ACTION No. CV13-2962 DMG (AGRx) STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION [20] 19 20 Based upon the Stipulation signed by counsel for Plaintiff Moroccanoil, Inc., 21 (“Moroccanoil”) and counsel for Defendants Ayet Laine LLC doing business as Mouna 22 De Laine and Mouna De Laine (“Defendants”) for a Final Judgment in this action, the 23 Court enters this Final Judgment including a Permanent Injunction prohibiting the 24 Defendants from infringing Plaintiff’s intellectual property, including U.S. Patent and 25 Trademark Office (“USPTO”) Registration Numbers 3,478,807; 3,684,909; 3,684,910 26 and 4,057,947 (“Moroccanoil Trademarks”); and USPTO Application Serial Nos. 27 85/684,735; 85/684,740; and 85/684,742 (“Moroccanoil Trade Dress”) as part of a 28 comprehensive settlement. 2522.257\9984 [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Therefore, IT IS ORDERED that: 2 3 1. Defendants Ayet Laine LLC doing business as Mouna De Laine and 4 Mouna De Laine, their owners, officers, agents, servants, employees, attorneys, 5 suppliers, distributors, and all those in active concert or participation with any of them, 6 are permanently restrained and enjoined from: 7 8 a. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 9 distributing, dealing in, hypothecating, offering for sale or selling, directly 10 or indirectly, any hair care or personal care product with the words 11 “moroccan” or “morocco” (including any word confusingly similar to 12 them) and the word “oil” (including any confusingly similar word), unless 13 there are at least four other words between the word “moroccan” or 14 “morocco” and the word “oil”. Any intervening four or more words 15 between the words “morroccan” or “morocco” and the word “oil” must be 16 of equal prominence in font, case, color and emphasis so that they are not 17 diminished in perception relative to the words “moroccan” or “morocco” 18 or the word “oil”; 19 20 b. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 21 distributing, dealing in, hypothecating, offering for sale or selling, directly 22 or indirectly, any hair care or personal care product containing or 23 advertised as containing argan oil that has one or more of the following 24 features: (i) blue on any product packaging; (ii) amber-colored glass or 25 plastic product packaging; and/or (iii) orange graphic, design or text 26 elements with the colors blue or green on any product packaging; 27 28 2522.257\9984 -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, directly 3 or indirectly, any hair care or personal care product with the word 4 “Moroccan” or “Morocco” or any word confusingly similar to either of 5 them anywhere on the packaging that also has one or more of the 6 following features: (i) the color blue on any product packaging; (ii) 7 amber-colored glass or plastic packaging; and/or (iii) orange graphic, 8 design 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 operating 12 13 14 15 16 any domain name that contains the exact words “Moroccan” or 17 “Morocco,” or any confusingly similar word, and the exact word “Oil” or 18 any confusingly similar word; 19 20 g. Acquiring, purchasing, manufacturing, marketing, storing, transporting, 21 distributing, dealing in, offering for sale or selling, directly or indirectly, 22 any product bearing any Moroccanoil Trademark or Moroccanoil Trade 23 Dress, including any colorable imitation of any Moroccanoil Product and 24 any Moroccanoil Product on which any trademark, trade dress, number, 25 serial number or code, registration number or code, matrix code, or other 26 identifying symbol, mark or code that has been altered, defaced, damaged, 27 obliterated, covered, removed, or in any way eliminated; 28 2522.257\9984 -2- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 h. Infringing any copyright owned by Moroccanoil; i. Causing, directing, soliciting, assisting, aiding, or abetting any other 2 3 4 person or business entity in engaging in or performing any of the activities 5 referred to in the above paragraphs (a) through (h). 6 7 2. Notwithstanding the prohibitions in the above Paragraph 1, Defendants are 8 permitted to acquire, purchase, manufacture, market, store, transport, distribute, deal in, 9 hypothecate, offer for sale or sell, directly or indirectly, any hair care or personal care 10 product with the phrase “made with argan oil from Morocco” and to use the colors, text 11 and design in the labels depicted below. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. The Court shall retain jurisdiction to enforce the terms of the Settlement 28 Agreement of the Parties and the Permanent Injunction in this Judgment; 2522.257\9984 -3- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 4. All remaining claims are dismissed with prejudice. 5. Final Judgment is hereby entered, with each party responsible for its own 2 3 4 costs and attorneys’ fees. 5 6 DATED: September 26, 2013 7 8 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 9 10 11 12 Submitted by: CONKLE, KREMER & ENGEL 13 Professional Law Corporation 14 s/William C. Conkle/s 15 By: William C. Conkle Attorneys for Plaintiff Moroccanoil, Inc. 16 17 18 19 20 21 22 23 24 25 26 27 28 2522.257\9984 -4- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION

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