MADUKA v. TROPICAL NATURALS, LTD.

Filing 111

ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF THE TROPICAL NATURALS, LTD. & AGAINST MADUKA, ON MR. MADUKA'S TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION CLAIMS, ETC. MR. MADUKA, & ANY OF HIS AGENTS, EMPLOYEES, SERVANTS, ETC. ARE PERMANENTLY ENJOIN ED FROM USING THE DUDUOSUN MARK, DUDUOSUM MARK, OR ANY CONFUSINGLY SIMILAR VARIATION THEREOF, IN CONNECTION WITH THE SALE OF AFRICAN BLACK SOAP, ETC. MR. MADUKA MAY FILE A RESPONSE TO TROPICAL NATURAL, LTD.'S ACCOUNT OF SUCH ATTORNEYS' FEES & COSTS WITHIN 14 DAYS OF THE DATE OF ITS SUBMISSION TO THE COURT, ETC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 9/10/19. 9/12/19 ENTERED AND COPIES E-MAILED. (CERTIFIED COPY MAILED TO COMMISSIONER OF THE PATENT AND TRADEMARK OFFICE)(kw, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
C. CHRIS MADUKA,
Plaintiff

CIVIL ACTION

v.
TROPICAL NATURALS, LTD.,
Defendant

No.17-1835

ORDER
AND NOW, this 10th day of September, 2019, following a non-jury trial from April 29,

2019 to May 1, 2019, upon consideration o~the parties' proposed findings of fact and conclusions
of law (Doc. Nos. 102 and 103) and the pjrties' statements of damages (Doc. Nos. 107 and 108),
and following an oral argument on the prlposed findings of fact and conclusions of law on July
12, 2019, it is ORDERED, as outlined in the Court's September 10, 2019 Findings of Fact and
Conclusions of Law, that:
1. Judgment is ENTERED in favor of the Tropical Naturals, LTD., and against Mr. Maduka,
on Mr. Maduka's trademark infringement and unfair competition claims;
2. Judgement is ENTERED in favor of Tropical Naturals, LTD, and against Mr. Maduka, on
Tropical' s trademark infringement and unfair competition counterclaims;
3. Mr. Maduka, and any of his agents, employees, servants, attorneys, privies, subsidiaries,
divisions, successors, assigns, and all other persons in active concert, participation, or
combination with them are PERMANENTLY ENJOINED from using the DUDU OSUN
mark, DUDU OSUM mark, or any confusingly similar variation thereof, in connection
with the sale of African black soap, or other body care products, including-without
limitation-soaps, shampoos, conditioners, lotions, creams, oils, body balms, facial
cleansers, and moisturizers, anywhere in the United States;
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4. The United States Patent and Trademark Office is directed, pursuant to 15 U.S.C. § 1119,

to cancel the trademark "DUDU-OSUM," Registration Number 3,111,704;
5. The Clerk of Court shall certify this Order to the Commissioner of the Patent and
Trademark Office in accordance with 15 U.S.C. § 1119;
6. Tropical Naturals, Ltd. shall submit to the Court an authenticated accounting of its
attorneys' fees and costs associated with this case within fourteen (14) days of the date of
this Order;
7. Mr. Maduka may file a response to Tropical Natural, Ltd. 's accounting of such attorneys'
fees and costs within fourteen (14) days of the date of its submission to the Court; and
8. A hearing shall be noticed and held concerning the claim for fees and costs on a date to be
determined by the Court.

BY THE COURT:

ATES DISTRICT JUDGE

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