American International Industries v. Georgie Beauty LLC et al

Filing 36

STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION filed by Judge Margaret M. Morrow. (MD JS-6. Case Terminated) (ah)

JS-6

03/03/2015

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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12 AMERICAN INTERNATIONAL
INDUSTRIES, a California General
13 Partnership,
Plaintiff,

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CASE No. CV13-7515 MMM (MANx)
[PROPOSED] STIPULATED FINAL
JUDGMENT AND PERMANENT
INJUNCTION

v.

16 GEORGIE BEAUTY, LLC, a New
York Corporation,
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Defendant.
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0067.221\9957

[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION

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Based upon the Stipulation signed by counsel for Plaintiff American

2 International Industries, Inc., (“AII”) and counsel for Defendant Georgie Beauty, LLC
3 (“Georgie Beauty”) for a Final Judgment in this action, the Court enters this Final
4 Judgment and Permanent Injunction prohibiting Defendant from infringing Plaintiff’s
5 intellectual property, including the federally registered WINKS trademark, U.S. Reg.
6 No. 3,247,268 (the “Winks Trademark”), as part of a comprehensive settlement.
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Therefore, IT IS ORDERED that:

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1.

Plaintiff American International Industries, Inc.’s Motion for Entry of

10 Default Judgment is denied as moot.
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2.

Defendant Georgie Beauty, LLC, their owners, officers, agents, servants,

12 employees, and all those in active concert or participation with any of them, are
13 permanently restrained and enjoined from doing any of the following anywhere in the
14 world:
a.

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Acquiring, purchasing, manufacturing, marketing, storing,

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transporting, distributing, dealing in, hypothecating, offering for

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sale or selling, directly or indirectly, of any beauty product,

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materials or packaging therefor, including but not limited to

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artificial eyelash products, that bears the Winks Trademark used for

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personal care products, where the Winks Trademark is valid.

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b.

Using or otherwise infringing the Winks Trademark.

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c.

Causing, directing, soliciting, assisting, aiding, or abetting any

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other person or business entity in engaging in or performing any of

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the activities referred to in the above paragraphs (a) & (b).

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3.

The Court shall retain jurisdiction to enforce the terms of the Settlement

26 Agreement of the Parties and the Permanent Injunction in this Judgment.
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4.

All claims are dismissed with prejudice.

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0067.221\9957

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[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION

5.

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Final Judgment is hereby entered, with each party responsible for its own

2 costs.
3 DATED: March 3, 2015
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Honorable Margaret M. Morrow
United States District Court Judge

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0067.221\9957

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[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION