Alcon Laboratories Inc v. Good Eyeglasses Optical et al

Filing 35

FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of Alcon Laboratories Inc against Focus Works Ltd, Good Eyeglasses Optical. Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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ALCON LABORATORIES, INC.,
NO: 2:17-CV-54-RMP
Plaintiff,

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FINAL JUDGMENT AND
PERMANENT INJUNCTION

v.
GOOD EYEGLASSES OPTICAL, a
British Columbia sole proprietorship;
and FOCUS WORKS, LTD., a British
Columbia corporation,

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Defendants.
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By and with the consent of Plaintiff and Defendant, the Court enters the
following final judgment and permanent injunction:
1.

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

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1121, 28 U.S.C. §§ 1331, 1332(a)(2), 1338(b), 1391(b), and Washington’s long-

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arm statute, RCW 4.28 et seq. Defendants stipulated to jurisdiction and venue in

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the United States District Court for the Eastern District of Washington, and

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Defendants specifically waived all defenses and objections to jurisdiction and

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venue. ECF No. 3.
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2.

The parties stipulated to the entry of this Final Judgment and

Permanent Injunction against Defendants.
3.

On May 19, 2017, the Clerk of the Court entered default judgment for

Plaintiff on all its claims. ECF No. 6. The terms of the default judgment state:

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A.

Judgment Creditor: Alcon Laboratories, Inc.

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B.

Judgment Debtors, Joint & Several: Good Eyeglasses Optical, a

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British Columbia sole proprietorship, and Focus Works Ltd., a British

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Columbia corporation.

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C.

Principal Amount of Judgment: $163,175.00

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D.

Reasonable Attorney Fees: $28,000

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E.

Costs: $1,644.67

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F.

Post judgment interest rate set forth in 28 U.S.C. § 1961(a)

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THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

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1.

The judgment as set forth above is hereby entered against the

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Defendants, jointly and severally, on each of Plaintiff’s claims for federal

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trademark infringement in violation of 15 U.S.C. §1114, et seq., common law

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trademark in violation of 15 U.S.C. § 1125(a), common law unfair competition,

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and violation of the Washington Consumer Protection Act in violation of RCW

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19.86.020 et seq.

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2.

Plaintiff is awarded judgment against Defendants Good Eyeglasses

Optical and Focus Works Ltd. jointly and severally in the principal sum of
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$163,175.00, together with reasonable attorneys’ fees and costs in the amount of

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$29,644.67, for a total judgment of $192,819.67. Interest shall accrue on this

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judgment at the post-judgment interest rate authorized by 28 U.S.C. § 1961(a).

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3.

Defendants Good Eyeglasses Optical and Focus Works Ltd and any

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other persons or entities acting in concert or participation with or on behalf of

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Defendants, including their officers, directors, servants, employees, agents,

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representatives, and distributors, including but not limited to Contact Lens Club,

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Online Optical, Jag Bains (a/k/a Jagmohan Bains and Jagmohan S. Bains), and

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Reggie Thornhill, are immediately and permanently restrained in the United States

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from:

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A.

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shipping, transporting, licensing, offering for sale, selling, developing,

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displaying, delivering, advertising, and/or otherwise marketing or disposing

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of products bearing any trademark that is the same as, or confusingly similar

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to, any mark owned or used by Alcon and/or its related companies for

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contact lenses and/or other eye-care products;

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B.

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representing or otherwise participating in either directly or indirectly any

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website, social media account, online marketplace or mobile application,

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which advertises, displays, distributes, offers for sales, sells and/or otherwise

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markets products bearing any trademark that is the same as, or confusingly

Making, manufacturing, importing, ordering, using, distributing,

Owning, operating, managing, controlling, advising, consulting,

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similar to, any mark owned or used by Alcon and/or its related companies

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for contact lenses and/or other eye-care products;

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C.

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quality of Alcon contact lenses and/or other eye-care products;

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D.

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bearing any mark owned or used by Alcon and/or its related companies or

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any similar trademark; and

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E.

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and/or its related companies.

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4.

Misrepresenting in any way the source of origin or the nature or

Selling or otherwise distributing contact lenses in the United States

Further conduct which infringes any mark owned or used by Alcon

This Court retains jurisdiction over any disputes between the parties

with respect to the enforcement and/or interpretation of this Judgment.
The District Court Clerk is directed to enter this Order, enter Judgment
accordingly, provide copies to counsel, and close this case.
DATED September 12, 2017.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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