Belava, LLC v. Dion Nails Supply, Inc.

Filing 11

STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Josephine L. Staton. DENIED BY ORDER OF THE COURT. Related to: Notice of Lodging 10 . (twdb) Modified on 8/28/2017 (twdb).

DENIED
BY ORDER OF THE COURT

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Defendant has not made an appearance in
this action and, on the copy of the consent
judgment signed by Ha Pham, Pham
crossed out the title “Owner” and replaced
it with “Manager.” (Doc. 10-1.) The
Court, therefore, lacks sufficient proof
that Defendant stipulated to the judgment.
Date: August 28, 2017
Judge Josephine L. Staton

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IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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BELAVA, LLC, a California Limited
11 Liability Company,
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Plaintiff,

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Case No.: 8:17-cv-01245-JLS-JDE
STIPULATED CONSENT JUDGMENT
AND PERMANENT INJUNCTION
[PROPOSED]

vs.

15 DION NAILS SUPPLY, INC. (d/b/a
SKYLARK NAIL SUPPLY), a California
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Corporation,
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Defendant.
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This Stipulated Consent Judgment and Permanent Injunction (“Consent Judgment”)

21 is entered into by and between Plaintiff, Belava, LLC (“Belava”) and Defendant, Dion Nails
22 Supply, Inc. (d/b/a Skylark Nail Supply), subject to approval by the Court.
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On July 20, 2017, Belava initiated this action against Defendant alleging

24 infringement of U.S. Patent No. D504,178 S. Belava makes and sells disposable lines for
25 tubs used during pedicures (“Belava Liners”). Belava also makes and sells the tubs for use
26 with the liners (“Belava Tubs”). The complaint arose from Defendant’s sale of disposable
27 liners for tubs used during pedicures (“Accused Liners”) and tubs (“Accused Tub”).
28 Defendant was served with the complaint in this Action on July 21, 2017.
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The Defendant wishes to conclude this litigation with Belava without contesting the

2 Action, nor the validity or enforceability of the patent-in-suit.
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Belava and the Defendant hereby agree to entry of this Consent Judgment.

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NOW, THEREFORE, IT IS HEREBY STIPULATED, ORDERED AND

5 ADJUDGED,
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1.

This is an action for patent infringement (35 U.S.C. § 101 et seq.).

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2.

With respect to the patent infringement claim, this Court has original and/or

8 exclusive jurisdiction over the subject matter and the Defendant under 28 U.S.C. §§ 1331
9 and 1338(a) and (b). Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b).
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3.

Defendant admits that Belava is the owner of all right, title and interest in and

11 to the patent-in-suit.
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4.

Defendant does not contest that the patent-in-suit is valid and enforceable.

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5.

Defendant represents that it has ceased all sales of the Accused Liners and

14 Accused Tubs.
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6.

Effective as of the date this Consent Judgment and Permanent Injunction is

16 entered by the Court, the Defendant and its affiliates and their respective agents,
17 representatives, subsidiaries, directors, principals, officers, successors, assigns, and all
18 others acting in concert or participation with them, and each of them, are hereby
19 permanently enjoined and restrained from importing into the United States, making, using,
20 offering to sell and selling the Accused Liners and the Accused Tubs, as well as any product
21 that is a colorable imitation of those products or the Belava Liner or Belava Tub.
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7.

The Parties shall bear their own costs and attorney fees.

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8.

This Consent Judgment constitutes a final judgment concerning the subject

24 matter of this action.
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10.

The Parties waive any right to appeal from this Consent Judgment and

26 Permanent Injunction.
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This Court shall retain jurisdiction to enforce the terms and provisions of this

28 Consent Judgment and the Permanent Injunction stipulated to herein.
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2 SO STIPULATED AND CONSENTED:
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4 Dated:

FITCH, EVEN, TABIN & FLANNERY LLP

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By:
Jon A. Birmingham
Attorney for Plaintiff
Belava, LLC

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9 Dated:
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By:
Ha Pham
Owner
Dion Nails Supply, Inc.

SO ORDERED

DENIED

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14 Dated: _____

BY ORDER OF THE COURT
By: _____________________

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