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

Filing 153

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulation 152 , Plaintiff Moroccanoil, Inc. ("Moroccanoil"), and Defendants Binyomin Lubin ("Lubin") and Benz Dealz LLC ("Benz Dealz") 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 Lubin and Benz Dealz, on the other hand, arising out of or related to Lubin and/or Benz Dealz'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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 MOROCCANOIL, INC., a California 12 corporation, 13 14 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, 22 Defendants. 23 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 24 25 26 27 28 2522.704\9802 [Proposed] Lubin & Benz Dealz Consent Judgment & Permanent Injunction 1 WHEREAS Plaintiff Moroccanoil, Inc. (“Moroccanoil”), on the one hand, 2 and Defendants Binyomin Lubin (“Lubin”) and Benz Dealz LLC (“Benz Dealz”), 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. 6 7 WHEREAS Moroccanoil has alleged that it is the exclusive owner of USPTO 8 Registration No. 3,478,807 for the trademark MOROCCANOIL. 9 WHEREAS the parties have stipulated that from approximately July 2015 to 10 11 August 2015, Lubin and Benz Dealz 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,” “Moroccan Oil [sic] 14 Hair Treatment 3.4 oz Bottle with Blue Box,” “Regular Moroccan Oil [sic],” and 15 “Moroccan Oil [sic], 3.4 oz /100 mL new, boxed,” which Moroccanoil contends is 16 counterfeit or otherwise infringing (the “Accused Products”). 17 18 NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED, AS 19 BETWEEN MOROCCANOIL, ON THE ONE HAND, AND LUBIN AND BENZ 20 DEALZ, ON THE OTHER HAND: 21 22 1. This action arises under the United States Lanham Trademark Act, 15 U.S.C. 23 §§ 1051, et seq. 24 25 2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 26 1338. 27 28 2522.704\9802 -2[Proposed] Lubin & Benz Dealz Consent Judgment & Permanent Injunction 1 3. This Court has personal jurisdiction over Moroccanoil, Lubin, and Benz 2 Dealz. 3 4 4. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b). 5 6 5. Effective as of the date of this Consent Judgment and Permanent Injunction 7 (“Consent Judgment”), Lubin and Benz Dealz 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2522.704\9802 -3[Proposed] Lubin & Benz Dealz Consent Judgment & Permanent Injunction 1 6. Within ten business days of this Consent Judgment, Lubin and Benz Dealz 2 shall each produce or make available for inspection to Moroccanoil the following 3 documents and tangible things that are within Lubin and/or Benz Dealz’ possession, 4 custody, and control, are found after a reasonably diligent search, and have not been 5 previously produced in this matter: (a) all documents and correspondence exchanged 6 between Lubin and/or Benz Dealz and their respective suppliers of the Accused 7 Products concerning the Accused Products, (b) all documents and correspondence 8 exchanged between Lubin and/or Benz Dealz and their respective buyers concerning 9 the Accused Products and any other products bearing the MOROCCANOIL 10 trademark or any imitation thereof, (c) all Accused Products, (d) all documents and 11 correspondence concerning any investigation or testing of the Accused Products, (e) 12 all documents and correspondence concerning any instance where Lubin and/or 13 Benz Dealz’ suppliers of the Accused Products supplied Lubin and/or Benz Dealz 14 with goods that were suspected or confirmed to be counterfeit, and (f) all documents 15 and correspondence exchanged between Lubin and/or Benz Dealz and their 16 respective buyers concerning Lubin and/or Benz Dealz’ policies and procedures for 17 the inspection and testing of goods. 18 19 7. Moroccanoil and Lubin and Benz Dealz shall bear their own respective costs 20 and attorneys’ fees in this action. 21 22 8. This Consent Judgment shall constitute the sole final judgment of all claims 23 between Moroccanoil, on the one hand, and Lubin and Benz Dealz, on the other 24 hand, arising out of or related to Lubin and/or Benz Dealz’ sale and disposition of 25 the Accused Products, inclusive of all legal and equitable remedies. 26 27 28 2522.704\9802 -4[Proposed] Lubin & Benz Dealz Consent Judgment & Permanent Injunction 1 9. The Court shall retain jurisdiction to enforce the terms of the parties’ 2 Stipulation and this Consent Judgment. 3 4 5 Dated: February 14, 2017 6 Honorable André Birotte Jr United States District Court Judge 7 8 Respectfully submitted, 9 Dated: February 14, 2017 10 Mark D. Kremer 11 Eric S. Engel 12 Evan Pitchford, members of CONKLE, KREMER & ENGEL 13 Professional Law Corporation 14 15 16 /s/Evan Pitchford Evan Pitchford 17 Attorneys for Plaintiff Moroccanoil, Inc. 18 19 20 21 22 23 24 25 26 27 28 2522.704\9802 -5[Proposed] Lubin & Benz Dealz Consent Judgment & Permanent Injunction

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