Hand and Nail Harmony, Inc. et al v. Texas Nails & Beauty Supply et al

Filing 56

JUDGMENT AND PERMANENT INJUNCTION by Judge Cormac J. Carney. JUDGMENT IS HEREBY ENTERED in favor of Plaintiffs Hand & Nail Harmony, Inc., Nail Alliance, LLC, and Nail Alliance-Artistic, Inc., and against Defendants Texas Nails & Beauty Supply an d Tony Lee (the "Remaining Defendants") in accordance with the terms of the Court's Order granting Plaintiffs' motion for default judgment. The court AWARDS Plaintiffs $37,500 in statutory damages, $2,850 in attorneys ' fees, and post-judgment interest, if necessary, to the extent permitted by 28 U.S.C. § 1961. (see document for details)., in favor of Hand and Nail Harmony, Inc., Nail Alliance - Artistic, Inc., Nail Alliance, LLC against Texas Nails & Beauty Supply, Tony Lee (MD JS-6, Case Terminated). (dro)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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)
) Case No.: SACV 15-02105-CJC(JCGx)
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HAND & NAIL HARMONY, INC.,
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NAIL ALLIANCE, LLC, and NAIL
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ALLIANCE-ARTISTIC, INC.,
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) JUDGMENT AND PERMANENT
) INJUNCTION
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Plaintiffs,
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v.
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TEXAS NAILS & BEAUTY SUPPLY, )
TONY LEE, DOOR TO DOOR NAIL )
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SUPPLY, NAIL SUPPLY, INC.,
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SALON SUPPLY STORE, and DOES 1 )
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through 30, inclusive,
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Defendants.
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)

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JUDGMENT IS HEREBY ENTERED in favor of Plaintiffs Hand & Nail
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Harmony, Inc., Nail Alliance, LLC, and Nail Alliance-Artistic, Inc., and against
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Defendants Texas Nails & Beauty Supply and Tony Lee (the “Remaining Defendants”)
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in accordance with the terms of the Court’s Order granting Plaintiffs’ motion for default

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judgment. The court AWARDS Plaintiffs $37,500 in statutory damages, $2,850 in

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attorneys’ fees, and post-judgment interest, if necessary, to the extent permitted by 28

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U.S.C. § 1961.

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IT IS FURTHER ORDERED that:

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(a)

The Remaining Defendants, their officers, agents, servants, employees, and

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attorneys, and all other persons acting in concert and participating with any

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of the foregoing, including any successor in interest or future owners of the

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Remaining Defendants, who receive actual notice of this Order, are

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restrained and enjoined from:

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1. Copying, publishing, reproducing, or otherwise using any of

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Plaintiffs’ copyrighted works, including but not limited to Copyright

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Registration Nos. VA0001864773, VA0001874516, VA0001880109,

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VA0001880668, VA0001880698, VA0001880728, VA0001880730

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to VA0001880731, VA0001880735 to VA0001880736,

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VA0001880740, VA0001880742, VA0001880744, VA0001880745,

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VA0001880747, VA0001880748, VA0001880751, VA0001880769,

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and VA0001904372, colorable imitations of Plaintiffs’ copyrighted

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works, or any work of art substantially similar thereto;

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2. Reproducing, adopting, or otherwise using any of Plaintiffs’

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trademarks, including but not limited to the GELISH® marks

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(Registration Nos. 4,096,115, 3857,946), HAND & NAIL

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HARMONY® marks (Registration Nos. 3,750,701, 4,013,304),

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VITAGEL® marks (Registration Nos. 4,318,850, 4,318,869,

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4,511,405), 18G® (Registration No. 4,206,100), and the ARTISTIC

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COLOUR GLOSS® marks (Registration Nos. 4,222,432, 4,222,433)

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(collectively, the “Harmony Marks”), in association with advertising,
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marketing, promoting, selling, offering for sale, designing, creating,

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manufacturing, distributing, delivering, or shipping of products that

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are not authentic products or have identification codes removed, or

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where the Remaining Defendants do not provide the same products as

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an authorized distributor;

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3. Engaging in unfair competition by (a) failing to disclose to

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consumers, including but not limited to consumers visiting

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www.tonynail.net or any website owned or controlled by the

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Remaining Defendants, that (i) the Remaining Defendants are not

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authorized distributors of Plaintiffs, (ii) the Remaining Defendants are

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selling diverted products, or (iii) any warranty protection, quality

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control or customer support offered by Plaintiffs are not available to

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such consumers, or (b) not complying with all federal packaging

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requirements under the Hazardous Materials Transportation Act of

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1975 as amended (49 U.S.C. §§ 50101 et seq.);

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4. Using any false designation of origin, false description or

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representation, or any other thing calculated or likely to cause

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confusion or mistake in the mind of the trade or public or to deceive

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the trade or public into believing that the Remaining Defendants’

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activities are in any way sponsored, licensed, endorsed, authorized,

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affiliated, or connected with and/or originated from Plaintiffs; and

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5. Facilitating, inducing, assisting, aiding, abetting, or supplying the

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means for any other person or business entity to engage in or perform

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any of the activities referred to in the above subparagraphs (1) through

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(4), or effecting any assignments or transfers, forming new entities or

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associations or utilizing any other device for the purpose of

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circumventing or otherwise avoiding the prohibitions set forth in

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subparagraphs (1) through (4).
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(b)

The Remaining Defendants must account for and deliver up for destruction,

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in accordance with § 36 of the Federal Trademark Act, 15 U.S.C. § 1118 and

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California’s Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.),

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all goods bearing one or more Harmony Marks in their possession, custody,

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or control that include altered, obstructed, removed, or otherwise modified

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identification codes in violation of California Penal Code § 537e.

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DATED:

February 28, 2017
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CORMAC J. CARNEY

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UNITED STATES DISTRICT JUDGE

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