Conair Corporation et al v. Doe

Filing 22

ORDER and INJUNCTION: Granting 19 Motion for Default Judgment; Adopting Report and Recommendations re 20 Report and Recommendations. Plaintiffs have established the liability of the Defendant and entitlement to a permanent injunction. A hearing on the issue of damages is set for Tuesday, November 4, 2014, at 9:00 a.m. in Courtroom 5B. Signed by Judge Carlos E. Mendoza on 9/2/2014. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CONAIR CORPORATION and
BABYLISS FACO SPRL,
Plaintiffs,
v.

Case No: 6:14-cv-920-Orl-41TBS

K&A BEAUTY, LLC,
Defendant.
/
ORDER and INJUNCTION
THIS CAUSE is before the Court on Plaintiffs’ Motion for Default Final Judgment on
Liability and Permanent Injunction (Doc. 19) filed on July 21, 2014. On July 24, 2014, United
States Magistrate Judge Thomas B. Smith submitted a report recommending that the requested
relief be granted as modified by the Report and Recommendation. (Doc. 20).
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 20) is ADOPTED and CONFIRMED and
made part of this Order.
2. Plaintiffs’ Motion (Doc. 19) is GRANTED. Plaintiffs have established the liability of
the Defendant and entitlement to a permanent injunction.
3. Defendant K&A Beauty, LLC, its officers, agents, servants, employees, and
attorneys, and anyone in active concert or participation with Defendant or its officers,

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agents, servants, employees, and attorneys are hereby permanently restrained,
enjoined, and prohibited from:
a. Making, using, selling, offering for sale, and importing into the United States
the ArganWoman ArganCurl product and any product not colorably different
from the ArganCurl that practices any of the claims of the following U.S.
Patents:
i. No. 8,607,804, Hair Styling Aid;
ii. No. 8,651,118, Hair Styling Device;
iii. No. 8,733,374, Hair Styling Device; and
iv. No. D696,456, Hair Styling Apparatus; and
b. Selling, offering for sale, marketing, or advertising within the United States
the ArganWoman ArganCurl product and any colorable imitation of the
ArganCurl that infringes on the trade dress of Plaintiffs’ Miracurl and Curl
Secret products.
4. Plaintiffs are granted leave to take discovery on the issue of damages. As Defendant
has not appeared in this action, Plaintiffs may obtain discovery from them using only
the devices available to obtain discovery from non-parties.
5. A hearing on the issue of damages is set for Tuesday, November 4, 2014, at 9:00
a.m. in Courtroom 5B.
DONE and ORDERED in Orlando, Florida on September 2, 2014.

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Copies furnished to:
Counsel of Record
Unrepresented Parties

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