Marcia Pellitteri v. Tangle Teezer, Ltd. et al

Filing 123

FINAL JUDGMENT by Judge R. Gary Klausner. IT IS NOW ORDERED AND ADJUDGED that: Judgment is hereby entered in Defendant's favor on Plaintiff's claims. (See FINAL JUDGMENT for further specifics). (MD JS-6, Case Terminated). (jp)

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JS6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION – LOS ANGELES

10 MARCIA PELLITTERI,
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Plaintiff,
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v.
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TANGLE TEEZER LTD., a foreign )
corporation; TANGLE TEEZER,
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INC., a Kansas corporation;
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SHAUN PULFREY, an individual, )
and DOES 1 through 100, inclusive, )
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Defendants.
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)

Case No. 2:22-cv-08849-RGK-MAA
FINAL JUDGMENT

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The First Amended Complaint (ECF No. 18) (hereinafter “FAC”) of Plaintiff

19 and counter-defendant Marcia Pellitteri (“Plaintiff” or “Pellitteri”) having been
20 adjudicated, and the operative counterclaims (ECF No. 19) of defendant and
21 counterclaimant Tangle Teezer, Inc. (“Defendant” or “TTI”) having been adjudicated,
22 and pursuant to the Court’s November 7, 2023 Order granting Defendant’s Motion for
23 Summary Judgment (ECF No. 120) in favor of TTI:
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IT IS NOW ORDERED AND ADJUDGED that:

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1. Plaintiff abandoned any rights she may have had in the mark THE

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ULTIMATE EVERYTHING BRUSH.

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[PROPOSED] FINAL JUDGMENT

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2. Judgment is hereby entered in Defendant’s favor on Plaintiff’s claims for

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(i) trademark infringement pursuant to 15 U.S.C. § 1114; (ii) common law

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trademark infringement; (iii) false designation of origin and unfair

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competition pursuant to 15 U.S.C. § 1125(a); (iv) trademark dilution

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pursuant to 15 U.S.C. § 1125(c); and (v) contributory trademark

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infringement.

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3. Judgment is hereby entered in Defendant’s favor and against Plaintiff on

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TTI’s counterclaim for cancellation of U.S. Registration No. 2,989,541

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pursuant to 15 U.S.C. § 1119 on grounds that Plaintiff abandoned the mark

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THE ULTIMATE EVERYTHING BRUSH.

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4. Judgment is hereby entered in Defendant’s favor and against Plaintiff on

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TTI’s counterclaim for cancellation of U.S. Registration No. 2,989,541 on

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grounds that a proper declaration of use was not timely filed in the name of

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Marcia Pellitteri as owner pursuant to 15 U.S.C. § 1058(a)(1).

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5. U.S. Registration No. 2,989,541 is hereby cancelled pursuant to 15 U.S.C.
§ 1119.

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6. This Court’s order cancelling U.S. Registration No. 2,989,541 for THE

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ULTIMATE EVERYTHING BRUSH SHALL BE CERTIFIED to the

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Director of the United States Patent and Trademark Office, who shall make

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appropriate entry upon the records of the United States Patent and Trademark

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Office and be controlled thereby.

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7. The Clerk of the Court SHALL MAIL, by certified mail, return receipt

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requested, a certified copy of this Final Judgment and an executed version of

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the attached Form AO 120, to:

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Mail Stop 8

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Director of the U.S. Patent and Trademark Office

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P.O. Box 1450

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FINAL JUDGMENT

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Alexandria, VA 22313-1450

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8. Plaintiff’s claims asserted in the FAC are dismissed with prejudice.

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9. Plaintiff shall take nothing by the FAC.

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10. Defendant is the prevailing party with respect to all the claims asserted in

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the FAC and with respect to all of the Defendant’s counterclaims.

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7 Dated: November 14, 2023
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R. Gary Klausner
United States District Judge

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FINAL JUDGMENT

AO 120 (Rev. 08/10)

REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK

Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450

TO:

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
for the Central District of California
filed in the U.S. District Court
on the following

✔ Trademarks or
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DOCKET NO.

2:22-cv-08849

G Patents.

(

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the patent action involves 35 U.S.C. § 292.):

DATE FILED

U.S. DISTRICT COURT

12/7/2022

for the Central District of California

PLAINTIFF

DEFENDANT

MARCIA PELLITTERI

PATENT OR
TRADEMARK NO.
1 2,989,541

Tangle Teezer Ltd.,
Tangle Teezer Inc.,
Shaun Pulfrey
DATE OF PATENT
OR TRADEMARK

8/30/2005

HOLDER OF PATENT OR TRADEMARK

Marcia Pellitteri

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In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED

INCLUDED BY

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PATENT OR
TRADEMARK NO.

Amendment
DATE OF PATENT
OR TRADEMARK

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Answer

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Cross Bill

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Other Pleading

HOLDER OF PATENT OR TRADEMARK

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In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT

See attached Final Judgment cancelling trademark Registration No. 2,989,541 for THE ULTIMATE EVERYTHING
BRUSH.

CLERK

(BY) DEPUTY CLERK

DATE

Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy