Russell Road Food and Beverage, LLC v. Galam et al

Filing 417

ORDER Granting 413 Stipulated Permanent Injunction. Signed by Judge Richard F. Boulware, II on 2/14/2019. (Copies have been distributed pursuant to the NEF - MMM)

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BRUNO TARABICHI, CA State Bar No. 215129
[e-mail]
TMW LAW
4750 Almaden Expy 124-359
San Jose, California 95118
Telephone: [phone]
Facsimile: 408.715.6707
Pro Hac Vice
PUOY K. PREMSRIRUT, State Bar No. 7141
[e-mail]
PUOY K. PREMSRIRUT, ESQ. INC.
520 S. Fourth Street, Second Floor
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: 702.385.1752
Attorneys for Plaintiff
Russell Road Food and Beverage, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SOUTHERN DIVISION

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RUSSELL ROAD FOOD AND
BEVERAGE, LLC,
Plaintiff,

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vs.
MIKE GALAM, et al.

Defendants.

MIKE GALAM, et al.,

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Case No. 2:13-cv-00776-RFB-NJK
STIPULATED PERMANENT INJUNCTION
AND [PROPOSED] ORDER BETWEEN
PLAINTIFF RUSSELL ROAD FOOD AND
BEVERAGE, LLC AND ALL
DEFENDANTS
Case Filed: May 2, 2013
Judge:
Honorable Richard F. Boulware

Counterclaimants,

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vs.

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RUSSELL ROAD FOOD AND
BEVERAGE, LLC, et al.

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Counterdefendant.

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STIPULATED PERMANENT INJUNCTION
(CASE NO. 2:13-cv-00776-RFB-NJK)

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Pursuant to Local Rule 6-2 of the District of Nevada’s Local Rules of Practice,

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Plaintiff Russell Road Food and Beverage, LLC (“Russell Road”) and Defendants Mike

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Galam, Victor Galam, Jacqueline Galam Barnes, Crazy Horse Too Gentlemen’s Club

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LLC, Rhino Bare Projects LLC, Rhino Bare Projects 4824 LLC, Canico Capital Group,

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LLC, Industrial Road 2440-2497, LLC, Abraham Assil, George Eshaghian, West Best

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Capital Group, LLC, SN & GE, LLC, Soleiman Nazarian, Djavid Hakakian, Morris

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Nejathaim, Hamed Yazdanpanah, Isaac Javdanfar, Kamran Samooha, Mehran

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Sadighpour, Sefox Investement, LLC, El Marino, LLC, Knotting Hill, LLC, IJ Properties,

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LLC, and S Double, LLC (“Defendants”) (hereinafter “Enjoined Defendants”) hereby

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stipulate and agree to the entry of a permanent injunction as set forth below.

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THE COURT HEREBY FINDS THAT

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1.

Russell Road prevailed on the merits of its trademark infringement claim

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against Canico Capital Group, LLC, Industrial Road 2440-2497, LLC, Crazy Horse Too

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Gentlemen’s Club LLC, Rhino Bare Projects LLC, Rhino Bare Projects 4824 LLC, Mike

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Galam, Victor Galam, and Jacqueline Galam Barnes. ECF No. 375. All remaining

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Defendants are or have been in the past associated and/or affiliated, whether directly or

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indirectly, in some manner with Canico Capital Group, LLC, such that injunctive relief

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against the remaining Defendants is appropriate.

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2.

Russell Road has shown that it has suffered and is likely to continue to

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suffer irreparable harm in the absence of a permanent injunction. Russell Road has

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made a strong showing of irreparable harm through its submission of evidence that in

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the absence of a permanent injunction (i) substantial actual confusion has already

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occurred in the market; (ii) it has suffered, and will continue to suffer, intangible harm to

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the goodwill of its CRAZY HORSE III mark, (iii) it will be unable to control and maintain

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the reputation and perception of its CRAZY HORSE III mark, (iv) it will be unable to

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obtain a reasonable return on its investment of millions of dollars into its CRAZY HORSE

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III mark; and/or (v) its CRAZY HORSE III mark will be tarnished by being associated with

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the negative reputation of the former Crazy Horse Too club.
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STIPULATED PERMANENT INJUNCTION
(CASE NO. 2:13-cv-00776-RFB-NJK)

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3.

The balance of equities tips in Russell Road’s favor. Russell Road has

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invested a substantial amount of money into its mark and created substantial goodwill

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and consumer recognition in its CRAZY HORSE III mark. In contrast, a permanent

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injunction will not harm the Enjoined Defendants because it only requires the Enjoined

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Defendants to comply with the law.

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4.

A permanent injunction serves the public interest because it prevents

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confusion in the market. Here, Russell Road has prevailed on the merits of its trademark

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claim and, thus, established a likelihood of confusion. Moreover, actual confusion has

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already occurred.

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THEREFORE, IT IS HEREBY ORDERED THAT

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1.

Pursuant to 15 U.S.C. § 1116 and Federal Rule of Civil Procedure 65, this

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Permanent Injunction Order binds (i) the Enjoined Defendants; (ii) the Enjoined

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Defendants’ officers, agents, servants, employees, and attorneys; and (iii) all other

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persons who are in active concert or participation with the Enjoined Defendants or the

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Enjoined Defendants’ officers, agents, servants, employees, and attorneys (collectively

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referred to as “The Enjoined Parties”).

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2.

The Enjoined Parties are hereby enjoined from any and all use of (i) the

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CRAZY HORSE TOO, CRAZY HORSE TOO SALOON, and CRAZY HORSE

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trademarks and names (alone or in combination with other letters, words, or designs), (ii)

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any trademarks incorporating the term CRAZY or HORSE or TOO (including designs

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intended to depict the word CRAZY or HORSE or TOO), (iii) the former CRAZY HORSE

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TOO design logos attached as Exhibit 1 hereto or any design or mark that incorporates

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any part of those design logos, and (iv) any abbreviations of any of the foregoing marks

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such as CH2, CH2LV, CHTOO, CHTOOLV ((i) through (iv) collectively the “Infringing

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CRAZY HORSE TOO Marks”) in connection with the advertising, promotion, operation,

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or provision of a gentlemen’s club or in connection with any business, goods, or services

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in the adult entertainment industry in the State of Nevada, the United States, and

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worldwide.
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STIPULATED PERMANENT INJUNCTION
(CASE NO. 2:13-cv-00776-RFB-NJK)

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3.

The Enjoined Parties, to the extent that they have the power and ability to

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do so are ordered to (i) permanently remove all billboards and signage featuring the

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Infringing CRAZY HORSE TOO Marks, to the extent such still exist; (ii) permanently

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remove or disable all websites that feature—whether in the domain name url or website

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itself—the Infringing CRAZY HORSE TOO Marks, to the extent such still exist; (iii)

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permanently remove or withdraw all other promotional materials featuring the Infringing

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CRAZY HORSE TOO Marks, to the extent such still exist; (iv) permanently remove or

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delete all social media accounts and social media pages that contain or feature the

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Infringing CRAZY HORSE TOO Marks (including use as usernames or hashtags or as

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content in social media messages or on social media pages), to the extent such still

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exist.

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IT IS SO STIPULATED

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Dated: February 1, 2019

Respectfully submitted,
TMW LAW

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By

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/s/ Bruno Tarabichi
Bruno Tarabichi
Attorneys for Plaintiff
Russell Road Food and Beverage, LLC

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Dated: February 1, 2019

Respectfully submitted,
AKERMAN LLP

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By

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/s/ Ariel E. Stern
Ariel E. Stern
Attorneys for Defendants Canico Capital
Group, LLC, Industrial Road 2440-2497,
LLC, Abraham Assil, George Eshaghian,
West Best Capital Group, LLC, SN &
GE, LLC, and Soleiman Nazarian

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STIPULATED PERMANENT INJUNCTION
(CASE NO. 2:13-cv-00776-RFB-NJK)

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Dated: February 1, 2019

Respectfully submitted,
THE LAW OFFICES OF WILLIAM H.
BROWN, LTD.

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By

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/s/ William Brown
William Brown
Attorneys for Defendants Mike Galam,
Crazy Horse Too Gentlemen’s Club LLC,
Victor Galam, Jaqueline Galam Barnes,
Rhino Bare Projects LLC, and Rhino
Bare Projects 4824 LLC

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Dated: February 1, 2019

Respectfully submitted,
LEBEDEV, MICHAEL & HELMI

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By

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/s/ Gennady L. Lebedev
Gennady L. Lebedev
Attorneys for Defendants Djavid
Hakakian, Morris Nejathaim, Hamed
Yazdanpanah, Isaac Javdanfar, Kamran
Samooha, Mehran Sadighpour, Sefox
Investement, LLC, El Marino, LLC,
Knotting Hill, LLC, IJ Properties, LLC,
and S Double, LLC

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IT IS SO ORDERED:

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HON. RICHARD F. BOULWARE
UNITED STATES DISTRICT JUDGE

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DATED: February 14, 2019.

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STIPULATED PERMANENT INJUNCTION
(CASE NO. 2:13-cv-00776-RFB-NJK)