Le-Vel Brands, LLC v. Levelz Hookah Lounge et al

Filing 51

FINAL CONSENT JUDGMENT AND CONSENT PERMANENT INJUNCTION. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
LE-VEL BRANDS, LLC,
Plaintiff,

v.

Case No. 4:18-cv-11305
Hon. Matthew F. Leitman

LEVELZ HOOKAH LOUNGE,et al.,
Defendants.

FINAL CONSENT JUDGMENT
AND CONSENT PERMANENT INJUNCTION
Plaintiff Le-Vel Brands, LLC (“Le-Vel”) sued Defendants Levelz Hookah
Lounge, KP Kutz, Inc. d/b/a Levelz Barbershop, Kader Pattah, and Chris Pattah
(collectively, the “Levelz Defendants”); Defendants Fadi Gulla (“Gulla”),
Angelo’s Design Solutions, Inc. d/b/a Fastsigns of Auburn Hills (the “Franchise”),
Fastsigns International, Inc. (“FII”) (collectively, the “Fastsigns Defendants”); and
Defendant Nawras N. Elias d/b/a “Audio Ace” for trademark infringement and
unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125, Michigan’s
Consumer Protection Act, Section 445.903 et seq., and the common law.
Le-Vel and Defendants Gulla and the Franchise now stipulate to the entry of
the following Final Consent Judgment and Consent Permanent Injunction.
Findings of Fact
1.

This Court has jurisdiction over this action pursuant to 15 U.S.C. §

1121 and 28 U.S.C. §§ 1331, 1338 (a) and (b). Pursuant to 28 U.S.C. § 1367, this

Court has supplemental jurisdiction over Le-Vel’s state law claims because those
claims form a part of the same case or controversy. This Court has personal
jurisdiction over the parties, and venue is proper in this District pursuant to 28
U.S.C. § 1391 (b) and (c). Good cause exists for the entry of this Final Consent
Judgment and Consent Permanent Injunction against Defendants Gulla and the
Franchise.
2.

Le-Vel is a lifestyle company that offers dietary and nutritional

supplements and related coaching/lifestyle/wellness programs, conventions, and
educational services under the LE-VEL house mark and trademark, which is
integral to its corporate identity. Since 2012, Le-Vel has used a very unique and
highly distinctive font and stylization for its LE-VEL house mark and trademark,
which is depicted below (“Stylized LE-VEL Mark”):

3.

Le-Vel owns valid and subsisting federal Registration No. 4978163

for its Stylized Le-Vel Mark, as well as Registration Nos. 5372459, 5057064,
5169444, and 5476338 for its LE-VEL word mark. Such registrations provide
constructive notice of Le-Vel’s ownership of the Stylized LE-VEL Mark and LEVEL word mark.

4.

Long after Le-Vel began using the Stylized LE-VEL Mark and LE-

VEL word mark, and established substantial goodwill in those marks the Levelz
Defendants, using the signage and advertising services provided by Gulla and the
Franchise, began using a virtually identical logo to sell barbershop and hookah
lounge services, which is depicted below (“Infringing LEVELZ Logo”):

5.

Gulla and the Franchise generated the Infringing LEVELZ Logo for

the Levelz Defendants’ barbershop and hookah lounge services; affixed the
Infringing LEVELZ Logo to signage and other advertising/marketing materials for
the Levelz Defendants; electronically transmitted a computer file containing the
Infringing LEVELZ Logo to the Levelz Defendants; and shared and/or distributed
the Infringing LEVELZ Logo through social media.
Conclusions of Law
6.

Le-Vel is the owner of the Stylized LE-VEL Mark and LE-VEL word

7.

Defendants Gulla and the Franchise were not authorized to use the

mark.

Stylized LE-VEL Mark, LE-VEL word mark, or confusingly similar marks.
8.

The Infringing LEVELZ Logo and Le-Vel’s Stylized LE-VEL Mark

are confusingly similar in appearance, sound, and overall commercial impression,

and the use of the Infringing LEVELZ Logo in signage or other advertising
materials for the Levelz Defendants’ barbershop and hookah lounge services is
likely to cause confusion.
9.

As a direct and proximate result of Gulla’s and the Franchise’s

actions, Le-Vel has been injured and will continue to be irreparably harmed unless
the conduct at issue is enjoined.
IT IS SO ORDERED THAT:
10.

Defendants Gulla and the Franchise, along with their associated

business entities, agents, representatives, present and future owners, principals,
members, officers, directors, parents, successors, affiliates, subsidiaries, related
companies, franchisees, transferees, assigns, alter egos, others in privity with any
of them, and/or those in active concert or participation with any of them are
permanently enjoined from the following:
A.

Using the Infringing Levelz Logo, or any reproduction,

counterfeit, copy, or colorable imitation of the same, or any mark or trade
dress confusingly similar to the Stylized LE-VEL Mark and the LE-VEL
word mark, in connection with manufacturing, distributing, delivering,
shipping, importing, exporting, advertising, marketing, promoting, selling or
offering for sale of any products or services, including but not limited to
creating signage or advertising or marketing materials of any kind;

B.

Making or employing any use of the Infringing Levelz Logo or

Stylized LE-VEL Mark and the LE-VEL word mark, any derivation or
colorable imitation thereof, or any mark or trade dress confusingly similar to
the Stylized LE-VEL Mark and the LE-VEL word mark;
C.

Using any other false designation of origin or false description

or representation or any other thing calculated or likely to cause confusion or
mistake in the mind of the trade or public or to deceive the trade or public
into believing that the products or activities of Defendants Gulla and the
Franchise are in any way sponsored, licensed or authorized by, or affiliated
or connected with, Le-Vel;
D.

Doing any other acts or things calculated or likely to cause

confusion or mistake in the mind of the public or to lead purchasers,
consumers, or investors to believe that the products or services promoted,
offered, or sponsored by Defendants Gulla and the Franchise come from LeVel, or are somehow licensed, sponsored, endorsed, or authorized by, or
otherwise affiliated or connected with, Le-Vel;
E.

Further infringing the Stylized LE-VEL Mark and the LE-VEL

word mark and damaging Le-Vel’s goodwill; and
F.

Assisting, aiding, or abetting any other person or business entity

in engaging or performing any of the activities referred to in the above

subparagraphs (A) through (E), or effecting any assignments or transfers,
forming new entities or associations, or utilizing any other device for the
purpose of circumventing or otherwise avoiding the prohibitions set forth in
subparagraphs (A) through (E).
11.

In view of the foregoing, judgment is hereby entered against

Defendants Fadi Gulla and Angelo’s Design Solutions, Inc. d/b/a Fastsigns of
Auburn Hills on Claims 1-4 of the First Amended Complaint.
12.

Further, and in view of the foregoing, Defendants Fadi Gulla and

Angelo’s Design Solutions, Inc. d/b/a Fastsigns of Auburn Hills are hereby
enjoined as set forth in Paragraph 10.
13.

Each party shall bear its own costs and fees.

IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 3, 2019

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on April 3, 2019, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]