L'Oreal USA Creative, Inc. et al v. Dmytro Nartov et al, No. 1:2019cv07127 - Document 21 (S.D.N.Y. 2019)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT. Having considered the pleadings in this matter, and the parties having consented to the permanent injunction set forth below, IT IS HEREBY ORDERED THAT: 1. Judgment shall be entered against Defendan ts Dmytro Nartov, a/k/a Dmytri Nartov, individually and d/b/a beautance.com, beauteca.com, makeupdirect.com, skincarewarehouse.com, and shopgator.com; Nartov Ventures LLC; Skincare Direct LLC; and Sugaring Global LLC (collectively, "Nartov" ) on the claims of L'Oreal USA Creative, Inc. andL'Oreal USA, Inc., Each party is to bear its own fees and costs. 2. Nartov, their directors, officers, agents, servants, employees, representatives, heirs, executors, attorneys, successors, a ssigns, and all others acting under their permission or authority or in concert therewith are permanently enjoined and restrained from selling, offering for sale, advertising, promoting, displaying, distributing, and otherwise trafficking in, any pro duct bearing the marks SKINCEUTICALS (Reg. No. 2,156,487), SKINCEUTICALS HYDRATING B5 GEL (Reg. No. 2,930,299), CE FERULIC (Reg. No. 3,497,589), and PHLORETIN CF (Reg. No. 3,574,640) (collectively, the SKINCEUTICALS Marks), or any other marks owned a nd/or used exclusively by L'Oreal and/or its affiliates or licensees in the United States of which Nartov has actual or constructive knowledge (a current list of which is attached as Exhibit A and incorporated by reference herein) or any design, mark, trade dress, or other feature that is confusingly similar to any of the SKINCEUTICALS Marks or to any other marks or trade dress owned and/or used exclusively by L'Oreal and/or its affiliates or licensees in the United States of which Nar tov has actual or constructive knowledge. 3. In the event that any Defendant violates any of the terms of this Consent Judgment, L'Oreal shall be entitled, in addition to all other available remedies, to obtain an order for specific performance and/or injunctive relief, without posting any bond, and to recover from Defendants its expenses, including attorneys' fees, associated with the enforcement proceedings and any related investigations. IT IS SO ORDERED this 26th day of November, 2019. Skincare Direct LLC, Sugaring Global LLC, Dmytro Nartov and Nartov Ventures LLC terminated. (Signed by Judge Deborah A. Batts on 11/26/2019) (Attachments: #(1) Appeal Package) (rjm)