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

Filing 156

PERMANENT INJUNCTION AGAINST STAR BEST BUY INC. AND BEAUTY IT IS INC. filed by Judge Andre Birotte Jr.: Upon Stipulation 155 , IT IS HEREBY ORDERED AND ADJUDICATED that a permanent injunction is hereby entered prohibiting Defendants Star Best Buy In c., a New York corporation, and Beauty It Is Inc., a New York corporation, (jointly and severally referred to as "Star/Beauty") as to Moroccanoil products, trademarks and trade dress, etc. This permanent injunction is the sole and final Jud gment against Star/Beauty. The Court hereby dismisses with prejudice all other claims against Star/Beauty from this action with prejudice; however, this Court retains exclusive jurisdiction for purposes of enforcement of this permanent injunction. Each Star/Beauty and Moroccanoil shall each bear its own attorneys' fees, costs, and expenses incurred in or relating to this action. See document for further details. (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] PERMANENT
INJUNCTION AGAINST STAR
BEST BUY INC. AND BEAUTY IT
IS INC.
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\9814

[Proposed] Permanent Injunction Against Star/Beauty

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Having reviewed and considered the Stipulation for Judgment of Permanent

2 Injunction entered between Plaintiff Moroccanoil, Inc., a California corporation
3 (“Moroccanoil”) on the one hand, and Star Best Buy Inc., a New York corporation
4 and Beauty It Is Inc., a New York corporation (jointly and severally referred to as
5 “Star/Beauty”) on the other hand, IT IS HEREBY ORDERED AND
6 ADJUDICATED that:
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1.

Moroccanoil distributes hair care, skin care and beauty products in the

9 United States bearing Moroccanoil trademarks and trade dress.

Among the

10 trademarks that Moroccanoil owns are: “MOROCCANOIL” (U.S. Reg. No.
11 3,478,807), the horizontal “M Moroccanoil Design” (U.S. Reg. No. 3,684,909), and
12 the vertical “M Moroccanoil Design” (U.S. Reg. No. 3,684,910), which are
13 registered in the U.S. Patent and Trademark Office.

All of Moroccanoil’s

14 trademarks are collectively referred to as “Moroccanoil Trademarks.” The phrase
15 “Moroccanoil Product” means all products of any nature that bear any Moroccanoil
16 Trademark, whether genuine or not.
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2.

A permanent injunction is hereby entered prohibiting Star/Beauty,

18 including without limitation Star/Beauty’s officers, directors, owners, partners,
19 agents, employees, successors, assignees, executors, trustees, receivers, conservators
20 or administrators, and all those in active concert or participation with any of them,
21 from directly or indirectly doing any of the following:
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(a)

Acquiring, purchasing, manufacturing, marketing, storing, transporting,

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transferring, distributing, dealing in, hypothecating, brokering, offering for

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sale, or selling any Moroccanoil Products anywhere in the world; and

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(b)

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manufacture,

Causing, directing or assisting any other person to acquire, purchase,
market,

store,

transport,

transfer,

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2522.704\9814

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distribute,

deal

in,

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hypothecate, broker, offer for sale, or sell any Moroccanoil Products

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anywhere in the world.

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(c)

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Star/Beauty’s individual officers, directors, owners, partners, agents,

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employees, successors, assignees, executors, trustees, receivers, conservators

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and administrators may purchase small quantities of Moroccanoil Products on

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their own accounts and solely for personal household consumption.

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3.

Notwithstanding the preceding provisions of this Section 2,

This permanent injunction is the sole and final Judgment against

9 Star/Beauty.
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4.

The Court hereby dismisses with prejudice all other claims against

11 Star/Beauty from this action with prejudice; however, this Court retains exclusive
12 jurisdiction for purposes of enforcement of this permanent injunction.
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5.

Each Star/Beauty and Moroccanoil shall each bear its own attorneys’

14 fees, costs, and expenses incurred in or relating to this action.
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IT IS SO ORDERED AND ADJUDICATED.

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18 Dated: March 27, 2017
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Honorable André Birotte Jr
United States District Court Judge

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2522.704\9814

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

At the time of service, I was over 18 years of age and not a party to this
3 action. I am employed in the County of Los Angeles, State of California. My
business address is 3130 Wilshire Boulevard, Suite 500, Santa Monica, California
4 90403-2351.
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On March 24, 2017, I served true copies of the following document(s)
described as [PROPOSED] PERMANENT INJUNCTION AGAINST STAR
6 BEST BUY INC. AND BEAUTY IT IS INC. on the interested parties in this
action as follows:
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Laura Chapman
Shanen R. Prout
8 Sheppard, Mullin, Richter & Hampton Law Office of Shanen R. Prout
LLP
11400 W. Olympic Blvd., Suite 700
9 Four Embarcadero Center, 17th Floor
Los Angeles, CA 90064
San Francisco, CA 94111-4109
[e-mail]
10 [e-mail]
Tel: [phone]
Tel: [phone]
Fax: [phone]
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Attorney for Star Best Buy, Inc. and
Attorneys for Groupon, Inc.
Beauty It Is, Inc.
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BY CM/ECF NOTICE OF ELECTRONIC FILING: I caused said
15 document(s) to be served by means of this Court's electronic transmission of the
Notice of Electronic Filing through the Court's transmission facilities, to the parties
16 and/or counsel who are registered CM/ECF Users set forth in the service list
obtained from this Court.
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I declare under penalty of perjury under the laws of the United States of
18 America that the foregoing is true and correct and that I am employed in the office
of a member of the bar of this Court at whose direction the service was made.
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Executed on March 24, 2017, at Santa Monica, California.
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/s/Evan Pitchford
Evan Pitchford

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