Hand and Nail Harmony Inc et al v. ABC Nail and Spa Products et al

Filing 210

JUDGMENT by Judge David O. Carter. IT IS ORDERED AND ADJUDGED Judgment shall be entered for Plaintiffs and against Defendants Bao Toan Le ("Toan"); DL Beauty Supply, LLC dba Hollywood Beauty Supply ("DL Beauty"); JC Supply Inc. ( "JC Supply"); Abubacar Nesser ("Nesser"); Derick Q. Luu ("Tony"); Lindside Pham ("Pham"); VIP Nail Products, Inc. ("VIP Nail"); Khuong Lien Phan ("Khuong"); MT Beauty Supply ("MT Beauty"); and Ryan Do ("Jimmy") (collectively, "Defendants") as follows: 1. $400,000.00 against each of the Defendants named above, for a total award to Plaintiff of $4,000,000.00; (see document for details). (dro)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

SOUTHERN DIVISION

11
12
13
14
15

Case No.: SACV 16-0969-DOC (JEM)

HAND & NAIL HARMONY, INC. ET
AL.,
Plaintiffs,

16
17

JUDGMENT

vs.

18
19
20

ABC NAIL AND SPA PRODUCTS ET
AL.,
Defendants.

21
22
23
24
25
26
27
28

-1-

1
2

On April 19, 2017, the Court entered an order granting in part Plaintiffs’ Motions
for Default Judgment (Dkts. 184, 186, 187, 193). Consequently,

3

IT IS ORDERED AND ADJUDGED

4

Judgment shall be entered for Plaintiffs and against Defendants Bao Toan Le

5

(“Toan”); DL Beauty Supply, LLC dba Hollywood Beauty Supply (“DL Beauty”); JC

6

Supply Inc. (“JC Supply”); Abubacar Nesser (“Nesser”); Derick Q. Luu (“Tony”);

7

Lindside Pham (“Pham”); VIP Nail Products, Inc. (“VIP Nail”); Khuong Lien Phan

8

(“Khuong”); MT Beauty Supply (“MT Beauty”); and Ryan Do (“Jimmy”) (collectively,

9

“Defendants”) as follows:

10
11
12
13

1. $400,000.00 against each of the Defendants named above, for a total award
to Plaintiff of $4,000,000.00;
2. Attorney’s fees against each of the Defendants named above, in an amount
to be proven by evidence; and

14

3. The Court’s preliminary injunction (Dkt. 78) is hereby made permanent as

15

against the Defendants named above, and those Defendants are enjoined

16

from:

17

a. From directly or indirectly manufacturing, purchasing, importing,

18

advertising, promoting, offering to sell, selling, distributing,

19

transferring, concealing, or otherwise disposing of any products

20

bearing any of the GELISH® marks, the trade dress associated with

21

the GELISH® goods or the design of the GELISH® bottle, or any

22

confusingly similar mark or bottle, other than those actually

23

manufactured or distributed by Plaintiffs;

24

b. From secreting, concealing, destroying, selling off, transferring, or

25

otherwise disposing of: (i) any products, not manufactured or

26

distributed by Plaintiffs, bearing any of the GELISH® marks, or any

27

confusingly similar marks, trade dress or bottle design; or (ii) any

28

evidence relating to the manufacture, purchasing, acquisition,
-2-

1

importation, advertising, promotion, distribution, inventory, shipping,

2

handling, sale, offer for sale, disposal or transfer of any products

3

bearing any GELISH® mark or any confusingly similar mark or bottle

4

design, including counterfeit GELISH brand foundation and top coat;

5

and

6

c. From knowingly instructing, aiding or abetting or conspiring with any

7

other person or business entity in engaging in any of the activities

8

referred to in paragraphs (1) through (2) above.

9
10
11

DATED: April 19, 2017
_______________________________
DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-