Avlon Industries Inc v. Kim Enterprises et al

Filing 38

ORDER The court instructs the defendants to complete each of the affidavits attached to this order and to submit the completed affidavits to this court no later than fourteen (14) days after defendants receive this order. re [ 33] Order on Motion for Summary Judgment and for Permanent Injunction. Signed by Honorable Joseph F Anderson, Jr on 4/17/12. (Attachments: # 1 Exhibit Declaration and Compliance Report for Chin Kim, # 2 Exhibit Declaration and Compliance Report for Kim Enterprises d/b/a Kim Enterprises Beauty Supply d/b/a Kim Enterprises Beauty Supplies, # 3 Exhibit Declaration and Compliance Report for Patricia Kim, # 4 Exhibit Declaration and Compliance Report for Tok Chin Kim)(mflo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
____________________________________
)
AVLON INDUSTRIES, INC.
)
)
Plaintiff
)
)
Civil Action No.: 3:11-cv-2856-JFA
vs.
)
)
KIM ENTERPRISES d/b/a KIM
)
ENTERPRISES BEAUTY SUPPLY
)
d/b/a KIM ENTERPRISES BEAUTY
)
SUPPLIES, CHIN KIM, TOK CHIN KIM, )
PATRICIA KIM and DOES 1-5
)
)
Defendants.
)
____________________________________)
DECLARATION AND COMPLIANCE REPORT
PURSUANT TO 15 U.S.C. §1116
COMES NOW Defendant Chin Kim, pursuant to 15 U.S.C. §1116 and this Court’s Order of
March 13, 2012, and hereby declares under penalty of perjury:
1. My name is Chin Kim, Defendant in the above-captioned proceeding. As such I have
personal knowledge of the statements made herein and, if called as a witness, could and
would testify to the following matters.
2. I have received a copy of the Order Granting Permanent Injunction which was issued by
the Court in the above-captioned proceeding on March 13, 2012. [Doc.38].
3. This Declaration is being submitted to demonstrate my compliance with the Permanent
Injunction. [Doc.38].
4. I hereby certify that within 30 days of service of the Permanent Injunction I completely
divested myself of all products, labels, signs, prints, packages, wrappers, receptacles,
and/or advertisements in its possession or control bearing any of the Avlon Marks,
including but not necessarily limited to, the marks appearing in the ‘804 registration; the
‘128 registration; the ‘884 registration; and the ‘923 registration.
5. I hereby certify that I do not presently have in my possession or control any products,
labels, signs, prints, packages, wrappers, receptacles, and/or advertisements bearing any
of the Avlon Marks, including but not necessarily limited to, the marks appearing in the
‘804 registration; the ‘128 registration; the ‘884 registration; and the ‘923 registration.

1

6. I hereby certify that I complied with the Court’s Surrender and Destruction Order by
taking the following action: [Describe how, when, and where the products were
destroyed]
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
I hereby certify that the answers given above are true and correct and I understand that if I
am found to have given untruthful answers, I can be ordered to serve six months in a federal
prison.
Chin Kim

_________________________
Chin Kim

2