His and Her Corp v. Shake-N-Go Fashion Inc

Filing 110

JUDGMENT GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Gary A. Feess. IT IS HEREBY: ORDERED that Defendants' Motion for Summary Judgment is GRANTED in its entirety and judgment shall be entered forthwith in favor of Defendants a gainst Plaintiff as to all counts in Plaintiff's Complaint. IT IS FURTHER ORDERED that Plaintiff's Federal Trademark Registration No. 3,020,614 be cancelled due to genericness; and IT IS FURTHER ORDERED that Defendants' counterclaim against Plaintiff based on an allegation of fraud on the Trademark Office is dismissed without prejudice. (bp)

JS-6
GREENBERG TRAURIG, LLP
GREGORY A. NYLEN (Istt2g)
2 JOHN K. KIM (Pro Hac Vice)
WILLIAM W. STROEVER (Pro Hac Vice)
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1840 Century Park East, Suite 1900
Los Angeles, Califomia 90067
4 Telephone: [phone]
Facsimile: [phone]
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Email : [e-mail]
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Attorneys for Defendants

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IN THE T]II"ITED STATES DISTRICT COI]RT

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F'OR THE CENTRAL DISTRICT OF CALIF'ORNIA

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HIS & HER CORP. dlblaHls & HER
FIAIR GOODS CO.,
V.

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Defendant.

MODEL MODEL I{AIR FASHION, INC.,
Counterclaimants

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Plaintiff,

SI{AKE-N-GO FASHION, INC.; MODEL
MODEL FIAIR FASHION, INC.; C&J
BEAUTY SUPPLY; TIGI BEAUTY
SUPPLY; PINK BEATj-TY SUPPLY &
SALON, INC.; SAM,S BEAUTY; EBONY
WIG & BEAUTY SUPPLY; WOW
BEAUTY SUPPLY; and BASKET
BEAI.j-TY SUPPLY,

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Civil Action No. 1I-05323
(GAFXVBK)

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IPROPOSE JTIDGMENT

GRANTING DEFENDAJ\TS'
MOTION FOR ST]MMARY
JT]DGMENT
Date: June 25,20t2

Time: 9:30 a.m.
Courtroom:740 - Roybal
Judge: Hon. Gary A. Feess

Trial Date: December 4,2012

v.

HIS & HER CORP. dlblaHls & FIER
HAIR GOODS CO.,
Counterdefendant.

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IPROPOSED]
xxxxxx ruDGMENT

NJ 227,566,176

GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

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The Court has considered the Motion for Summary Judgment filed by

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Defendants Shake-N-Go Fashion, Inc., Model Model Hair Fashion, Inc., C&J

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Beauty Supply, Tigi Beauty Supply, Pink Beauty Supply

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Beauty, Ebony Wig

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Supply, which c¿Ìme before this Court for hearing on July 30,2012 in Courtroom

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740 of the above-entitled Court, the Honorable Gary

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reviewed the moving, opposing and reply papers, the Court furds that Summary

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Judgment in favor of Defendants is appropriate.

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THEREFORE, IT IS HEREBY:

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& Salon, Inc., Sam's

& Beauty Supply, WOV/ Beauty Supply, and Basket Beauty
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Feess presiding. Having

ORDERED that Defendants' Motion for Summary Judgment is GRANTED

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in its entirety

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in favor of Defendants

against Plaintiff as to all counts in Plaintiff s Complaint;

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and judgment shall be entered fonhwith

IT IS FIIRTHER ORDERED that Plaintiffls

Federal Trademark

t4 Registration No. 3,020,6L4 be cancelled due to genericness; and
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IT IS FIIRTHER

ORDERED that Defendants' counterclaim against

t6 Plaintiff based on an allegation

of fraud on the Trademark Offrce is dismissed

l7 without prejudice.
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DATED: September 25

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2012

By:

The Honorable Gary A. Feess
United States District Court Judge

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IPROPOSED]
xxxxxxxx JUDGMENT GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

NJ 227,566,176