Moroccanoil, Inc. v. Perfumes World Com, Inc.

Filing 64

JUDGMENT OF PERMANENT INJUNCTION filed by Judge John F. Walter. IT IS HEREBY ORDERED AND ADJUDICATED that: A permanent injunction is hereby entered prohibiting Perfumes World, including without limitation Perfumes World officers, directors, owners, partners, agents, employees, successors, assignees, executors, trustees, receivers, conservators or administrators, and all those in active concert or participation with any of them, from directly or indirectly. This permanent injunction is the sole and final Judgment against Perfumes World. All other claims against Perfumes World are dismissed with prejudice. All remaining fictitiously named Defendants in the above-captioned action are dismissed without prejudice. Each party shall bear his or its own attorneys fees, costs, and expenses incurred in or relating to this action. (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, WESTERN DIVISION

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11 MOROCCANOIL, INC. a California
corporation,
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Plaintiff,
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v.
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PERFUMES WORLD COM, INC.
15 d/b/a “1-PERFUMES” a New Jersey
corporation, and DOES 1-50, inclusive,
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Defendant.
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CASE No. CV16-03541-JFW-JC
JUDGMENT OF PERMANENT
INJUNCTION
Hon. John F. Walter, Presiding Judge
Hon. Jacqueline Chooljian, Magistrate
Judge
Action Filed:
Pretrial Conf.:
Trial Date:

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2522.706\9871

-1JUDGMENT FOR PERMANENT INJUNCTION

April 7, 2016
March 17, 2017
April 4, 2017

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Having reviewed and considered the Stipulation for Entry of Permanent

2 Injunction

between

Plaintiff

Moroccanoil,

Inc.,

a

California

corporation

3 (“Moroccanoil”) and Defendant Perfumes World Com, Inc. d/b/a 1-Perfumes, a
4 New Jersey corporation (“Perfumes World”), IT IS HEREBY ORDERED AND
5 ADJUDICATED that:
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1.

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

7 United States bearing Moroccanoil trademarks and trade dress.

Among the

8 trademarks that Moroccanoil owns are: “MOROCCANOIL” (U.S. Reg. No.
9 3,478,807), the horizontal “M Moroccanoil Design” (U.S. Reg. No. 3,684,909), and
10 the vertical “M Moroccanoil Design” (U.S. Reg. No. 3,684,910), which are
11 registered in the U.S. Patent and Trademark Office.

All of Moroccanoil’s

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

A permanent injunction is hereby entered prohibiting Perfumes World,

16 including without limitation Perfumes World’s officers, directors, owners, partners,
17 agents, employees, successors, assignees, executors, trustees, receivers, conservators
18 or administrators, and all those in active concert or participation with any of them,
19 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,

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

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anywhere in the world.

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

store,

transport,

transfer,

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2522.706\9871

-2JUDGMENT FOR PERMANENT INJUNCTION

distribute,

deal

in,

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3.

This permanent injunction is the sole and final Judgment against

2 Perfumes World. All other claims against Perfumes World are dismissed with
3 prejudice.
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4.

All remaining fictitiously named Defendants in the above-captioned

5 action are dismissed without prejudice.
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5.

Each party shall bear his or its own attorneys’ fees, costs, and expenses

7 incurred in or relating to this action.
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6.

This Court retains exclusive jurisdiction for purposes of enforcement of

9 this permanent injunction.
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IT IS SO ORDERED AND ADJUDICATED.
12 DATED: February 28, 2017
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Hon. John F. Walter

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16 Respectfully submitted by:
17 /s/Eric S. Engel
Eric S. Engel (SB# 105656)
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[e-mail]
19 Heather Laird (SB# 292000)
[e-mail]
20 Zachary Page (SB# 293885)
[e-mail]
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CONKLE, KREMER & ENGEL
22 Professional Law Corporation
23 3130 Wilshire Boulevard, Suite 500
Santa Monica, California 90403-2351
24 Phone: [phone] • Fax: [phone]
25 Attorneys for Plaintiff Moroccanoil, Inc.
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2522.706\9871

-3JUDGMENT FOR PERMANENT INJUNCTION