Moroccanoil, Inc. et al v. Zotos International, Inc. et al

Filing 95

PRELIMINARY INJUNCTION by Judge Dolly M. Gee: IT IS HEREBY ORDERED as follows: Defendant Zotos International, Inc. ("Zotos"), and their agents, officers, employees, representatives, successors, assigns, attorneys, and those persons acting f or, with, by, or under authority of Zotos, or in concert or participation with Zotos, are HEREBY ENJOINED re Moroccanoil's trade dress, any product bearing a trademark or symbol confusingly similar to Moroccanoil's trademark, etc. See docum ent for further details. This preliminary injunction shall be effective upon the posting by Moroccanoil of a bond in the amount of $250,000.00. Zotos shall implement this Order within 30 days thereafter and file a notice of compliance with this Court. (gk)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 ) MOROCCANOIL, INC., a California ) corporation; and MOROCCANOIL ) ISREAL LTD., an Israeli limited company, ) ) ) Plaintiffs, ) ) v. ) ) ZOTOS INTERNATIONAL INC., a New ) ) York corporation; and DOES 1 through 20, ) ) inclusive, ) ) Defendants. ) ) ) Case No. CV 16-07004 DMG (AGRx) PRELIMINARY INJUNCTION 21 22 Pursuant to the Court’s Order granting Plaintiffs Moroccanoil, Inc. and 23 Moroccanoil Israel Ltd. (collectively “Moroccanoil”) motion for a preliminary injunction 24 [Doc. # 94], IT IS HEREBY ORDERED as follows: 25 26 27 1. Defendant Zotos International, Inc. (“Zotos”), and their agents, officers, employees, representatives, successors, assigns, attorneys, and those persons acting 28 -1- 1 for, with, by, or under authority of Zotos, or in concert or participation with Zotos, 2 are HEREBY ENJOINED FROM advertising, selling, or distributing: 3 4 a. Any products that are confusingly similar in appearance to Moroccanoil’s trade 5 dress consisting of turquoise blue package coloring, copper orange and/or white 6 colored graphic and design elements, as depicted below: 7 8 9 10 11 12 13 14 15 16 17 b. Any product bearing a trademark or symbol confusingly similar to Moroccanoil’s trademark registration no. 3,684,909, depicted below: 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 c. Any product bearing a trademark or symbol confusingly similar to Moroccanoil’s trademark registration no. 3,684,910 depicted below: 3 4 5 6 7 8 9 10 11 12 13 2. Zotos must recall or sequester all existing “Luxe Majestic Oil” products whose 14 appearance is confusingly similar to Moroccanoil’s trade dress and trademarks. 15 16 3. This preliminary injunction shall be effective upon the posting by Moroccanoil of a 17 bond in the amount of $250,000.00. Zotos shall implement this Order within 30 18 days thereafter and file a notice of compliance with this Court. 19 20 21 22 23 IT IS SO ORDERED. DATED: January 19, 2017 __________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 24 25 26 27 28 -3-

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