Arbonne International, LLC v. Semerciyan et al

Filing 17

ORDER Granting 16 STIPULATED Final Judgment and Permanent Injunction. See Order for details. The Clerk of Court is directed to enter this judgment and close this case. Signed by Judge Jennifer A. Dorsey on 12/27/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01728-JAD-VCF Document 16 Filed 12/22/16 Page 1 of 5

1
2
3
4
5
6
7
8
9
10
11
12

ROBERT J. CALDWELL ESQ.
Nevada Bar No.007637
ERIC D. WALTHER,ESQ.
Nevada Bar. No. 13611
KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
ADAM C.SHERMAN,ESQ.(admitted Pro Hoc Vice)
NATHAN L. CoLvm,ESQ.(admitted Pro Hoc Vice)
VORYS,SATER,SEYMOUR AND PEASE LLP
301 East Fourth Street, Suite 3500
Cincinnati, Ohio 45202
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
acsherman(cp,vorys.com
[e-mail]
Attorneys for Plaintiff ARBONNE
INTERNATIONAL LLC

13
14

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

15

** *

16
)
)

17

ARBONNE INTERNATIONAL,LLC.,

18

)Case No.2:16-cv-01728-JAD-VCF
)
)
vs.
)
(PROPOSED]FINAL JUDGMENT AND
PERMANENT INJUNCTION BY
NAYAT SEMERCIYAN and NU-VO
JEWELS' STIPULATION AND AGREEMENT OF
)
INC., a/k/a NU-VO BIJOUX INC.,
THE PARTIES
)
Defendants.
)
ECF No. 16
)
)

19
0
2
21
2
2
23

Plaintiff,

2
4
Plaintiff, Arbonne International, LLC ("Arbonne"), by and through their counsel, and
25
Defendant, Nayat Semerciyan ("Semerciyan"), in proper person, collectively the "Parties,"
2
6
hereby stipulate and agree to entry of this Final Judgment and Permanent Injunction, as set forth
27
28

1

Case 2:16-cv-01728-JAD-VCF Document 16 Filed 12/22/16 Page 2 of 5

1

herein. Parties, after having an opportunity to consult with their own legal counsel, hereby

2

stipulate, agree and admit, that factual, legal and other allegations contained in the Complaint

3

filed by Arbonne in this matter are all true and correct. Parties have approved the substance and

4

orm of this Stipulated Final Judgment and Permanent Injunction and, based on the Complaint
f

5

and the factual, legal and/or other fmdings below and for other good cause otherwise appearing,

6

hereby jointly ask this Honorable Court to approve and enter the same,

7

IT IS HEREBY ORDERED THAT:

8

1.

9
10
11

Pursuant to Federal Civil Rule 41(aX1), Defendant Nu-Vo Jewels Inc. a/k/a Nu-

Vo Bijoux Inc. shall be and hereby is dismissed without prejudice.
.
2

This Court has jurisdiction of the subject matter of this action and personal

jurisdiction over Semerciyan.

12

.
3

Venue is proper in this Court.

13

.
4

Semerciyan was properly served with a copy of the Summons and Complaint on

14
15

August 19, 2016.
.
5

The injunctive provisions of this Judgment shall apply to Semerciyan, as well as

16

her agents, servants, employees, and those persons or entities in active concert or participation

17

with her (collectively, the "Restrained Parties").

18

.
6

Arbonne has valid and subsisting trademarks for ARBONNE® (U.S. Trademark
Nos.

4,491,258,

3,159,918,

3,218,119,

and

1,770,981),

ARBONNE

No.

3,159,813),

ARBONNE

19

Registration

0
2

INTERNATIONAL®

21

INTELLIGENCE® (U.S. Trademark Registration Nos. 4,629,529 and 3,514,987), ARBONNE

2
2

ESSENTIALS®(U.S. Trademark Registration Nos. 4,136,385,4,143,617, 4,143,616, 4,147,378,

23

,147,377, and 4,136,347), RE9® (U.S. Trademark Registration Nos. 2,982,066 and 3,679,754),
4

2
4

and RE9 ADVANCED® (U.S. Trademark Registration Nos. 3,887,045 and 3,887,044), and its

25

AA
" Logo"(U.S. Trademark Registration Nos. 3,895,265, 1,280,041, 3,452,663)(collectively,

6
2

(U.S.

Trademark

Registration

the "Arbonne Registered Trademarks").

27
28

2

Case 2:16-cv-01728-JAD-VCF Document 16 Filed 12/22/16 Page 3 of 5

7.

Arbonne is widely recognized as the designated source of goods bearing the

Arbonne Registered Trademarks.
.
8

Semerciyan willfully and knowingly used the Arbonne Registered Trademarks in

commerce by counterfeiting and selling products bearing the marks without the consent of
Arbonne.
.
9

Semerciyan's use of the Arbonne Registered Trademarks in connection with the

unauthorized sale and advertising of products was likely to cause confusion, cause mistake, or
deceive consumers because it suggested that the products offered for sale by Semerciyan were
genuine and authentic products, and originated from, or were sponsored, authorized, or otherwise
connected with Arbonne.
10.

Semerciyan's unauthorized use of the Arbonne Registered Trademarks has

infringed and damaged the value of Arbonne's Trademarks.
1 1.

As a proximate result of Semerciyan's actions, Arbonne has suffered and will

continue to suffer damage to its business, good will, reputation, and profits for which there is no
adequate remedy at law.
12.

Semerciyan infringed on the Arbonne Registered Trademarks in violation of 15

U.S.C. §§ 1114 and 1125(aX1)(A).
13.

Scmerciyan has committed false advertising, in violation of 15 U.S.C.

§ 1125(a)(1Xb).
14.

Semerciyan has committed trademark dilution, in violation of 15 U.S.C. §

1 125(c).
15.

Arbonne also has valid and registered copyrights featuring its "AA Logo,"
71,

including, but not limited to, Copyright Numbers VA0001848274, V3631D172, VA00018482
VA0001848277,

V3631D172,

VA0001848268,

V A0001848275,

VA0001848264,

Registered
VA0001848266, VA0001952727, and VA0001951229 (collectively, the "Arbonne
Copyrights" or "Copyrights").

3

Case 2:16-cv-01728-JAD-VCF Document 16 Filed 12/22/16 Page 4 of 5

16.

As a proximate result of Semerciyan's actions, Arbonne has suffered and will

continue to suffer damage to its business, good will, reputation, and profits for which there is no
adequate remedy at law.
17.

By copying the Arbonne Registered Copyrights, Semerciyan has committed

copyright infringement in violation of 17 U.S.C.§ 501.
18.

Together, the Arbonne Registered Trademarks and Arbonne Registered

Copyrights are referred to herein as the -Arbonne Intellectual Property."
19.

Enforcement of copyright and trademark laws is important to prevent consumer

confusion. It is in the public's interest to enjoin future misuse of the Arbonne Intellectual
Property.
0.
2

Semerciyan and the Restrained Parties shall be and hereby arc permanently

Accordingly, with good cause appearing and based on the parties’ stipulation [ECF No. 16],
IT IS HEREBY ORDERED,
enjoined and restrained from: ADJUDGED, AND DECREED that:

advertising, selling, or facilitating the advertisement or sale of, via the Internet or

a)
1. ( All claims against defendant Nu-Vo Jewels Inc. Aga Nu-Vo Bijoux Inc., are
DISMISSED with prejudice, each side to bear its own fees and costs;
otherwise, any goods or products bearing any Arbonne Intellectual Property;

including advertising on the

b)
using Arbonne Restrained Property in be manner,
2. ( Semerciyan and the Intellectual Parties shallany and hereby are permanently enjoined
and restrained from: and
Internet;
(a) advertising, selling, or facilitating the advertisement or sale of, via the Internet or
c)
importing, exporting, manufacturing, producing, distributing, circulating,
( otherwise, any goods or products bearing any Arbonne Intellectual Property; selling,
(b) using Arbonne Intellectual Property in any manner, including advertising on the
erings to sell, advertising, promoting, or displaying any goods or products
off
Internet; and
(c) importing, exporting, manufacturing, producing, distributing, circulating, selling,
bearing any Arbonne Intellectual Property.
offerings to sell, advertising, promoting, or displaying any goods or products
forthwith.
The clerk is ordered to enter Property.
21.
bearing any Arbonne Intellectualthis Judgment

3.

The Clerk of Court is directed to enter this judgment and close this case.
IT IS SO ORDERED.
______________________________
Jennifer Dorsey
UNITED STATES DISTRICT COURT JUDGE
U.S. District Court Judge
DATED:
12/27/16

4