Moroccanoil, Inc. v. Groupon, Inc., et al

Filing 151

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulation 150 , Plaintiff Moroccanoil, Inc. ("Moroccanoil"), and Defendants Omar Moreno ("Moreno") and O Signature LLC ("O Signature") shall b ear their own respective costs and attorneys' fees in this action. This Consent Judgment shall constitute the sole final judgment of all claims between Moroccanoil, on the one hand, and Moreno and O Signature, on the other hand, arising out of or related to Moreno and/or O Signature's sale and disposition of the Accused Products, inclusive of all legal and equitable remedies. See document for injunction re MOROCCANOIL trademark, etc. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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MOROCCANOIL, INC., a California
12 corporation,
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Plaintiff,
v.

15 GROUPON, INC., a Delaware
corporation; PEARL ENTERPRISES,
16 LLC, a New Jersey corporation d/b/a JR
Trading Company; STAR BEST BUY
17 INC, a New York corporation;
BEAUTY IT IS INC., a New York
18 corporation (DOE 1); BENZ DEALZ
LLC, a Florida limited liability
19 company (DOE 2); BINYOMIN
LUBIN, an individual (DOE 3); OMAR
20 MORENO, an individual (DOE 4); O
SIGNATURE LLC, an Arizona limited
21 liability company (DOE 5); and DOES
6 through 20, inclusive,
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Defendants.
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CASE No. CV15-08078-AB-MRW
[PROPOSED] CONSENT
JUDGMENT AND PERMANENT
INJUNCTION
Hon. André Birotte Jr.
Presiding Judge
Hon. Michael R. Wilner,
Magistrate Judge
Complaint filed:
October 14, 2015
Discovery Cutoff: June 30, 2017
Final Pretrial Conf.: December 18, 2017
Trial Date:
January 9, 2018

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2522.704\9810

[Proposed] Moreno & O Signature Consent Judgment & Permanent Injunction

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WHEREAS Plaintiff Moroccanoil, Inc. (“Moroccanoil”), on the one hand,

2 and Defendants Omar Moreno (“Moreno”) and O Signature LLC (“O Signature”),
3 on the other hand, entered into and filed with this Court a Stipulation for Consent
4 Judgment and Permanent Injunction (“Stipulation”) to resolve this action as between
5 them.
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WHEREAS Moroccanoil has alleged that it is the exclusive owner of USPTO

8 Registration No. 3,478,807 for the trademark MOROCCANOIL.
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WHEREAS the parties have stipulated that from approximately March 2015

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11 to March 2016 Moreno and O Signature transacted in and offered for sale products
12 bearing the MOROCCANOIL trademark or imitations thereof, including products
13 identified variously as “MoroccanOil [sic] Hair Treatment Oil,” “Moroccan Oil [sic]
14 Hair Treatment 3.4 oz Bottle with Blue Box,” “Regular Moroccan Oil [sic],” and
15 “Light Moroccan Oil [sic],” which Moroccanoil contends is counterfeit or otherwise
16 infringing (the “Accused Products”).
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NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED, AS

19 BETWEEN MOROCCANOIL, ON THE ONE HAND, AND MORENO AND
20 O SIGNATURE, ON THE OTHER HAND:
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This action arises under the United States Lanham Trademark Act, 15 U.S.C.

23 §§ 1051, et seq.
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This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

26 1338.
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2522.704\9810

-2[Proposed] Moreno & O Signature Consent Judgment & Permanent Injunction

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This Court has personal jurisdiction over Moroccanoil, Moreno, and O

2 Signature.
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Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b).

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Effective as of the date of this Consent Judgment and Permanent Injunction

7 (“Consent Judgment”), Moreno and O Signature and all of their respective parents,
8 subsidiaries, affiliates, owners, principals, directors, officers, successors, assigns,
9 agents, and all others acting in concert or participation with them, are to be
10 permanently enjoined and restrained from directly or indirectly selling, offering for
11 sale, transferring, distributing, brokering, or marketing any products bearing the
12 MOROCCANOIL trademark or any imitation thereof.
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2522.704\9810

-3[Proposed] Moreno & O Signature Consent Judgment & Permanent Injunction

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Within ten business days of this Consent Judgment, Moreno and O Signature

2 shall each produce or make available for inspection to Moroccanoil the following
3 documents and tangible things that are within Moreno and/or O Signature’s
4 possession, custody, and control, are found after a reasonably diligent search, and
5 have not been previously produced in this matter: (a) all documents and
6 correspondence exchanged between Moreno and/or O Signature and their respective
7 suppliers of the Accused Products concerning the Accused Products, (b) all
8 documents and correspondence exchanged between Moreno and/or O Signature and
9 their respective buyers concerning the Accused Products and any other products
10 bearing the MOROCCANOIL trademark or any imitation thereof, (c) all Accused
11 Products, (d) all documents and correspondence concerning any investigation or
12 testing of the Accused Products, (e) all documents and correspondence concerning
13 any instance where Moreno and/or O Signature’s suppliers of the Accused Products
14 supplied Moreno and/or O Signature with goods that were suspected or confirmed to
15 be counterfeit, and (f) all documents and correspondence exchanged between
16 Moreno and/or O Signature and their respective buyers concerning Moreno and/or O
17 Signature’s policies and procedures for the inspection and testing of goods.
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Moroccanoil and Moreno and O Signature shall bear their own respective

20 costs and attorneys’ fees in this action.
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This Consent Judgment shall constitute the sole final judgment of all claims

23 between Moroccanoil, on the one hand, and Moreno and O Signature, on the other
24 hand, arising out of or related to Moreno and/or O Signature’s sale and disposition
25 of the Accused Products, inclusive of all legal and equitable remedies.
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2522.704\9810

-4[Proposed] Moreno & O Signature Consent Judgment & Permanent Injunction

1 9.

The Court shall retain jurisdiction to enforce the terms of the parties’

2 Stipulation and this Consent Judgment.
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5 Dated: February 14, 2017
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Honorable André Birotte Jr
United States District Court Judge

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Respectfully submitted,

9 Dated: February 9, 2017
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Mark D. Kremer
11 Eric S. Engel
12 Evan Pitchford, members of
CONKLE, KREMER & ENGEL
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Professional Law Corporation
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16 /s/Evan Pitchford
Evan Pitchford
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Attorneys for Plaintiff Moroccanoil, Inc.
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2522.704\9810

-5[Proposed] Moreno & O Signature Consent Judgment & Permanent Injunction