Feiya Cosmetics, LLC v. Beyond Beauty International, LLC et al

Filing 117

ORDER by Judge Hamilton denying 89 Motion for Default Judgment as to Quynh Dao Video and Hung Tran; granting 90 Motion for Default Judgment as to Beyond Beauty International and Jenny Tran; adopting 111 Report and Recommendations. (pjhlc1, COURT STAFF) (Filed on 9/29/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FEIYA COSMETICS, LLC,

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Plaintiff,
v.
BEYOND BEAUTY INTERNATIONAL, LLC,
et al.,

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Defendants.
___________________________________/

No. C 10-0967 PJH
ORDER ADOPTING REPORT AND
RECOMMENDATION; ORDER
GRANTING MOTION FOR DEFAULT
JUDGMENT (DOC. 90); DENYING
MOTION FOR DEFAULT JUDGMENT
(DOC. 89)

The court has reviewed Magistrate Judge Spero's report and recommendation re

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plaintiffs’ motions for default judgment as to defendants Beyond Beauty International

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(“Beyond Beauty”), Jenny Tran, and Alex Savastano (Doc. 90), and defendants Quynh Dao

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Video and Hung Tran (Doc. 89). After filing the motions for default judgment, plaintiff

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submitted a notice of dismissal of the claims against defendant Alex Savastano, and served

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a copy of the report and recommendation on defendants Beyond Beauty and Jenny Tran,

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who filed no objection to the report. Plaintiff did not serve a copy of the report and

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recommendation on defendants Quynh Dao Video and Hung Tran.

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The court finds the report correct, well-reasoned and thorough, and adopts it in

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every respect. Accordingly, the motion for default judgment as to defendants Quynh Dao

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Video and Hung Tran is DENIED, based on lack of personal jurisdiction; and the motion for

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default judgment as to Beyond Beauty and Jenny Tran is GRANTED.

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The court awards the following amounts against those two defendants: 1) statutory

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damages in the amount of $400,000; 2) attorneys’ fees in the amount of $23,369.50; and 3)

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costs in the amount of $683.20.

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In addition, a permanent injunction is hereby entered against Beyond Beauty and
Jenny Tran as follows:
Beyond Beauty, Jenny Tran, their officers, agents, servants, attorneys, employees,

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privies, successors, and assigns, and all persons in active concert or participation with any

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of them are enjoined from:

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a.

Using, displaying, advertising, copying, registering, imitating, counterfeiting or

infringing upon the Feiya Mark;
b.

Using or displaying the Feiya Mark or name or colorable imitations thereof as

a business name, domain name, or mark in any written, oral or electronic advertisements,
including on any website owned and/or controlled by Beyond Beauty or Jenny Tran;
c.

Using the word “Feiya” or any other word that is confusingly similar to Feiya

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as or as part of any trademark, service mark, brand name, trade name, or other business

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or commercial designation, in connection with the sale, offering for sale, distribution,

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advertising or promotion of any product or service;

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d.

Making representations that products or services sold by Beyond Beauty or

Jenny Tran are in any way sponsored, approved, authorized or affiliated with Feiya; or

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e.

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Beyond Beauty and Jenny Tran shall transfer custody of all products bearing the

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Otherwise infringing upon the “Feiya” name or the Feiya Mark.

Feiya name or Feiya Mark in their possession, custody, or control to Feiya.

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IT IS SO ORDERED.

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Dated: September 29, 2011

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_________________________
PHYLLIS J. HAMILTON
United States District Judge