Moroccanoil Inc v. Saerom Cosmetics Ltd et al
Filing
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JUDGMENT AND PERMANENT INJUNCTION filed by Judge John F. Walter that Moroccanoil's Motion for Default Judgment 14 is GRANTED in its entirety and this Final Judgment is entered against Saerom. FURTHER ORDERED that Saerom, and its owners, office rs, agents, attorneys, representatives and assigns, and all those in active concert or participation with any of them, are permanently restrained and enjoined. FURTHER ORDERED that The Court shall retain jurisdiction to enforce the terms of the Perma nent Injunction in this matter. All remaining claims between the parties are DISMISSED with prejudice. Final judgment is hereby entered, with no award of monetary damages, and with each party responsible for its own costs and attorney fees. (MD JS-6. Case Terminated). (jp)
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JS-6
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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12 MOROCCANOIL, INC., a California
corporation,
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Plaintiff,
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v.
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SAEROM COSMETICS, LTD, a
16 Korean business entity; and DOES 1
through 10, Inclusive,
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Defendants.
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CASE NO. CV-11-6312-JFW- FFMx
JUDGMENT AND PERMANENT
INJUNCTION
Assigned For All Purposes:
John F. Walter
Date: May 14, 2012
Time: 1:30 pm
Ctrm: 16
Trial Date:
None
Complaint Filed: August 1, 2011
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2522.177/9990
Judgment and Permanent Injunction
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This action having been commenced by Plaintiff Moroccanoil, Inc.
2 (“Moroccanoil”) against Defendant Saerom Cosmetics, Ltd. (“Saerom”), and
3 Moroccanoil having served the Summons and Complaint on Searom and a proof of
4 service of the Complaint having been filed on August 3, 2011 and Saerom having failed
5 to answer the Complaint or appear in any way, and the time for answering the
6 Complaint having past; and
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Moroccanoil having shown, the following:
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1.
Moroccanoil owns all right, title and interest in and to the following marks
11 used in connection with the Moroccanoil products, collectively the “Moroccanoil
12 Trademarks”:
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A.
the word “Moroccanoil” (USPTO Registration No.
3,478,807);
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B.
“M Moroccanoil Design” (vertical) - with the word Moroccanoil in white
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lettering written vertically with the letter M in orange written horizontally
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on the right side (USPTO Registration No. 3,684,910); and
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C.
“M Moroccanoil Design” (horizontal) - with the word Moroccanoil in
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white lettering written horizontally across the orange letter M (USPTO
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Registration No. 3,684,909).
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2.
Moroccanoil owns all right, title and interest in and to the following trade
26 dress used in connection with the Moroccanoil products, collectively the “Moroccanoil
27 Trade Dress”:
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2522.177/9990
-2-
Judgment and Permanent Injunction
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A.
the word “Moroccanoil” in white, letters arranged vertically on the left
side of the front label;
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B.
the use of amber colored, druggist-style bottles with black screw-on caps;
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a vertical sealing strip connecting the cap to the bottle; and
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the prominent use of the color turquoise blue.
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Saerom is offering for sale and/or selling products which infringe
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11 Moroccanoil’s Trademarks and Trade Dress to buyers in the United States, including in
12 this Judicial District; and
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3.
The Clerk of this Court having entered a Default against Saerom on
15 January 30, 2012; and
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4.
Moroccanoil having moved for entry of default; and so the Court
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HEREBY FINDS that Saerom is liable for federal trademark infringement under
20 15 U.S.C. §§ 1114 & 1125 and accordingly
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IT IS HEREBY ORDERED that Moroccanoil’s Motion for Default Judgment is
23 GRANTED in its entirety and this Final Judgment is entered against Saerom.
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IT IS FURTHER ORDERED that Saerom, and its owners, officers, agents,
26 attorneys, representatives and assigns, and all those in active concert or participation
27 with any of them, are permanently restrained and enjoined from:
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2522.177/9990
-3-
Judgment and Permanent Injunction
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a.
Using any advertisement, label, package, sign, written
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solicitation, printed material, electronic media, television
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broadcast or video broadcast that shows, uses, or
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incorporates any copy, reproduction, or colorable imitation
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of the Moroccanoil Trademarks that could cause a likelihood
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of confusion with Moroccanoil or suggest the sponsorship or
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endorsement of Moroccanoil, anywhere in the world so long
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as any of the Moroccanoil Trademarks are being used by
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Moroccanoil or any successor in interest;
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b.
using any advertisement, label, package, sign, written
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solicitation, printed material, electronic media, television
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broadcast or video broadcast that shows, uses, or
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incorporates any copy, reproduction, or colorable imitation
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of the Moroccanoil Trade Dress that could cause a likelihood
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of confusion with Moroccanoil or suggest the sponsorship or
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endorsement of Moroccanoil, anywhere in the world so long
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as the Moroccanoil Trade Dress is being used by
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Moroccanoil or any successor in interest;
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c.
using Moroccanoil’s Trademarks or any reproduction,
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counterfeit, copy or colorable imitation of Moroccanoil’s
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Trademarks in connection with the importation, distribution,
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advertising, offer for sale, and/or sale of merchandise,
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including any products similar to the product pictured below;
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2522.177/9990
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Judgment and Permanent Injunction
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ng
anoil’s Tra Dress o any repro
ade
or
oduction,
usin Morocca
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d.
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counterfei copy or colorable imitation of Moroc
it,
r
e
ccanoil’s
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Trade Dress in conne
ection with the import
h
tation, distr
ribution,
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advertising offer for sale, a
g,
fo
and/or sale of merc
e
chandise,
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including any produc similar t the prod picture above;
a
cts
to
duct
ed
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and
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iciting, ass
sisting, aid
ding, or a
abetting an other
ny
Soli
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e.
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person or business en in eng
b
ntity
gaging in or performin any of
r
ng
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the activiti referred to in the a
ies
d
above Sub-Paragraph a, b, c,
hs
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and d.
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2522
2.177/9990
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Judgm and Perm
ment
manent Injuncti
ion
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IT IS FURTHER ORDERE that:
F
R
ED
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1.
The Court shall retai jurisdict
t
in
tion to enfo the ter of the Permanen
orce
rms
nt
junction in this matte
n
er.
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2.
All remain
ning claims between the parties are dismi
s
issed with p
prejudice.
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s
ntered, with no award of moneta damage and with
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d
ary
es,
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Final judgment is hereby en
ch
esponsible for its own costs and attorney f
n
d
fees.
9 eac party re
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ated: May 7, 2012
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11 Da
onorable Jo F. Wal
ohn
lter
Ho
U.S District Court Judg
S.
ge
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2522
2.177/9990
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Judgm and Perm
ment
manent Injuncti
ion
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