MBL/Toni & Guy Products, L.P. et al v. Kennard et al, No. 2:2009cv00501 - Document 28 (W.D. Wash. 2009)
Court Description: AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT by Judge Marsha J. Pechman. (MD, mailed copy of judgment to M. Kennard and B. Kennard)
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MBL/Toni & Guy Products, L.P. et al v. Kennard et al 1 Doc. 28 Hon. Marsha J. Pechman 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 MBL/TONI&GUY PRODUCTS, L.P. and TONI&GUY HAIRDRESSING ACADEMY 11 FRANCHISE, LP, 12 13 Plaintiffs, vs. 14 MICHAEL KENNARD, BETTY STOCK KENNARD; and TONI & GUY 15 HAIRDRESSING ACADEMY, INC., 16 Defendants. 17 18 ) No. CV9-501MJP ) ) AGREED PERMANENT INJUNCTION ) AND FINAL JUDGMENT ) ) ) ) ) ) ) ) ) ) AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT 19 The Court finds that Plaintiffs MBL/TONI&GUY Products, L.P. and TONI&GUY 20 21 Hairdressing Academy Franchise, LP (collectively, “TONI&GUY”) and Defendants Michael 22 Kennard and Betty Stock Kennard (collectively, “Defendants”) (TONI&GUY and Defendants are 23 collectively referred to as the “Parties”) have agreed to the relief granted herein, as evidenced by 24 their counsel’s or individual signatures below. The Parties announced to the Court that all 25 matters of facts and issues in controversy have been fully and finally compromised between them 26 and are settled. The Court further finds that the agreed relief and restrictions are reasonable and AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP Dockets.Justia.com 1 necessary. After considering the pleadings, the evidence presented, the Preliminary Injunction 2 previously issued, and the Parties’ agreement to the relief granted herein, the Court issues the 3 following Agreed Permanent Injunction and Final Judgment: 4 5 IT IS THEREFORE ORDERED, ADJUDGED, DECREED AND DECLARED that 6 Defendants, jointly and severally, their agents, servants, employees, attorneys, and all other 7 persons who are in active concert or participation with them are permanently restrained and 8 enjoined from, directly or indirectly: 9 a. Using TONI&GUY®, TONI&GUY HAIRDRESSING®, TONI&GUY HAIRDRESSING ACADEMY® (the “Marks”), or any other name or marks confusingly similar to the Marks; b. Using the Marks in advertising, marketing, promoting, or sale of any goods or services at 203 W. Holly Street, Suite 206, Bellingham, Washington (the “Infringing Location”), at any other location, or otherwise; c. Using in any manner any service mark, trademark, trade name, trade dress, words, numbers, abbreviations, designs, colors, arrangements, or any combination thereof that would imitate, resemble, suggest, or be confusingly similar to the Marks at the Infringing Location or elsewhere; and 17 d. Otherwise infringing the Marks. 18 IT IS FURTHER ORDERED that Defendants immediately deliver to TONI&GUY for 10 11 12 13 14 15 16 19 destruction any and all labels, signs, prints, packages, wrappers, products, receptacles, 20 21 22 advertisements and any other materials bearing the Marks. IT IS FURTHER ORDERED that Defendants shall contact the State of Washington 23 Secretary of State (Corporations Division), the Washington State Department of Revenue, the 24 Washington State Department of Licensing Business Registration, the Washington State 25 Department of Licensing Cosmetology Section, and the City of Bellingham (Business Licensing), 26 and any and all other licensing or business registration bureaus to change the name of the corporation and licensing entity from Toni & Guy Hairdressing Academy, Inc. to Artistic Beauty AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP 1 & Cosmetology Design, Inc., and shall provide proof of same to counsel for TONI&GUY by 2 copying TONI&GUY’s counsel on each name change application or correspondence; 3 IT IS FURTHER ORDERED that Defendants shall no longer use Toni & Guy 4 5 6 Hairdressing Academy, Inc. or any other similar, or confusingly similar, name. IT IS FURTHER ORDERED that Defendants must comply with the affirmative 7 requirements of this Order within ten (10) business days from the date of this Order. 8 9 IT IS FURTHER ORDERED that each party shall bear its own costs and attorneys’ fees and that this Court shall retain jurisdiction to enforce the provisions of this Order and any 10 11 12 settlement agreement between the Parties. IT IS FURTHER ORDERED, however, that if Defendants do not comply with any 13 requirement of this Order, TONI&GUY shall recover (i) all actual and consequential damages, (ii) 14 damages in the sum of Two Hundred Fifty Dollars ($250.00) for each day that Defendants have 15 violated, or are in violation of, this Order, and (iii) all attorneys’ fees that TONI&GUY has 16 incurred, and will incur, arising from and related to this action and any enforcement of this Order 17 18 or settlement agreement, currently in the amount of Fifty two thousand seven hundred fourteen 19 dollars and no cents ($52,714.00). 20 IT IS FURTHER ORDERED that this is a final judgment that disposes of all claims and 21 all parties and is not appealable. 22 23 24 25 26 AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP 1 2 SO ORDERED. 3 SIGNED this __27th___ day of __October____, 2009. 4 5 A 6 7 Marsha J. Pechman United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP 1 AGREED AS TO FORM AND SUBSTANCE: 2 GRAHAM & DUNN PC 3 4 5 6 7 8 9 10 11 By _________________________________________ Douglas C. Berry, WSBA# 12291 Daniel J. Oates, WSBA# 39334 2801 Alaskan Way, Suite 300 Seattle, WA 98121-1128 Phone: (206) 624-8300 Fax: (206) 340-9599 Email: dbyers@grahamdunn.com, doates@grahamdunn.com Attorneys for Plaintiffs and 12 13 HAYNES AND BOONE, LLP 14 Deborah S. Coldwell (Admitted Pro hac vice) Altresha Q. Burchett-Williams (Admitted Pro hac vice) 2323 Victory Avenue, Suite 700 Dallas, Texas 75219 Phone: (214) 651-5000 Fax: (214) 651-5940 Email: deborah.coldwell@haynesboone.com, altresha.burchett-williams@ haynesboone.com 15 16 17 18 19 20 21 22 23 24 25 26 AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP 1 2 3 DEFENDANTS 4 __________________________________ 5 Michael Kennard 6 7 _________________________________ 8 Betty Cis Stock Kennard 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP 1 2 CERTIFICATE OF SERVICE This is to certify that on October 23, 2009, the foregoing document was electronically 3 filed with the Clerk of the court using the CM/ECF system which sent a Notice of Electronic 4 Filing to the following persons: 5 Defendants Michael Kennard and Betty Stock Kennard, pro se 2915 Eldridge Avenue 7 Bellingham, WA 98225-1504 6 8 __________________________________________ Daniel J. Oates 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT No. CV9-501MJP
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