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

Filing 217

AMENDED JUDGMENT 201 by Judge David O. Carter. The Court, having considered the Plaintiffs Ex Parte Application/Request to Amend Judgment Previously Entered by the Court [Dkt. 214], and GOOD CAUSE appearing therefore, hereby orders as follows: *Refer to Order. (es)

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POLSINELLI LLP
Todd M. Malynn (CA Bar No.181595)
Adam P. Daniels (CA Bar No. 296466)
2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.556.1802
Email:
[e-mail]
Jose Mariano Castillo
Jose M. Castillo Law Offices
800 W. 6th Street, Suite 900
Los Angeles, CA 90017-2704
Telephone: [phone]
Facsimile: 213.622.5781
Email:
[e-mail]
Attorneys for Plaintiffs
HAND & NAIL HARMONY, INC. and
NAIL ALLIANCE, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

Polsinelli LLP
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
310.556.1801

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HAND & NAIL HARMONY, INC., a
California corporation, NAIL
ALLIANCE, LLC, a Delaware
corporation,

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v.

Case No. SACV16-00969 DOC(JEMx)

The Honorable David O. Carter
AMENDED JUDGMENT

Plaintiffs,

ABC NAIL AND SPA PRODUCTS, et
al.,

Complaint Filed:
May 26, 2016
First Amended Complaint Filed:
June 17, 2016

Defendants.

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The Court, having considered the Plaintiffs’ Ex Parte Application/Request to

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Amend Judgment Previously Entered by the Court [Dkt. 214], and GOOD CAUSE

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appearing therefore, hereby orders as follows:

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Judgment shall be entered for Plaintiffs Hand & Nail Harmony, Inc. and Nail

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Alliance LLC, and against the Defendants Bao Toan Le (“Toan”), DL Beauty

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Supply, LLC dba Hollywood Beauty Supply (“DL Beauty”), JC Supply, Inc. (“JC

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Supply”), Abubacar Nesser (“Nesser”), Derick Q. Luu (“Tony”), Lindside Pham
AMENDED JUDGMENT

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

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

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“Defendants”) as follows:

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1.

$400,000 against each of the Defendants named above, for the total

award to Plaintiff of $4,000,000; plus
2.

Costs and attorney’s fees against each of the Defendants named above,

in the following amounts:

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3.

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

as against the Defendants named above, and those Defendants are enjoined from:
a.

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From

directly

or

indirectly

manufacturing,

purchasing,

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importing, advertising, promotion, offering to sell, distributing, transferring,

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concealing, or otherwise disposing of any products bearing any of the GELISH®

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marks, the trade dress associated with the GELISH® goods of the design of the

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GELISH® bottle, or any confusingly similar mark of bottle, other than those

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actually manufactured or distributed by Plaintiffs;
b.

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From secreting, concealing, destroying, selling off, transferring,

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

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Plaintiffs, bearing any of the GELISH® marks, trade dress of bottle design; or (ii)

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any evidence relating to the manufacture, purchasing, acquisition, importation,

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advertising, promotion, distribution, inventory, shipping, handling, sale, offer fvor
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sale, disposal or transfer of any products bearing any GELISH® mark or any

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confusingly similar mark or bottle design, including counterfeit GELISH brand

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foundation and top coat; and

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c.

From knowingly instructing, aiding or abetting or conspiring

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with any other person or business entity engaging in any of the activities referred to

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in paragraphs (1) through (2) above.

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IT IS SO ORDERED AND ADJUDICATED.

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Dated: June 19, 2017

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_________________________________
The Honorable David O. Carter
United States District Judge

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