Opinion
Case No. CV11-00618 DDP (AGRx)
09-06-2011
POWER BALANCE, LLC, a Delaware Limited Liability Company, Plaintiff, v. L.A. HAIR STRAIGHTENER INC., a California Corporation; LA BEAUTY MARK, INC., a California Corporation, and Does 1 through 10, inclusive, Defendants.
David R. Sugden, Bar No. 218465 Jacqueline Beaumont, Bar No. 253776 Samuel G. Brooks, Bar No. 272107 CALL & JENSEN A Professional Corporation Attorneys for Plaintiff Power Balance, LLC
David R. Sugden, Bar No. 218465
Jacqueline Beaumont, Bar No. 253776
Samuel G. Brooks, Bar No. 272107
CALL & JENSEN
A Professional Corporation
Attorneys for Plaintiff Power Balance, LLC
CLOSED
ORDER FOR PERMANENT INJUNCTION
Trial Date: None Set
The Court has considered the Stipulated Injunction submitted by counsel for Plaintiff and Defendants in the above-entitled action, as set forth above and incorporated herein by reference. For good cause, the Court hereby GRANTS the parties' requests and ORDERS the Stipulated Injunction to be the Order of the Court.
WHEREAS the Parties agree that Plaintiff has certain trademarks and trade dress in its hologram wristbands;
NOW THEREFORE, Defendants and all their representatives, servants and agents, employees, officers, directors, partners, attorneys, subsidiaries, and all persons under their control, or acting in active concert or participation with them, are hereby permanently enjoined from:
(1) Advertising, selling, offering for sale, marketing, distributing, selling, exposing, shipping, mailing, listing, taking orders for, promoting, buying, ordering, exhibiting, destroying, or in any manner disposing of products or aiding in any way the advertising, selling, offering for sale, marketing, distributing, selling, exposing, shipping, mailing, listing, taking orders for, promoting, buying, ordering, exhibiting, destroying, or in any manner disposing of products that bear words or packaging referring to Plaintiff's word marks "Power Balance" or "PB;"
(2) Producing, manufacturing, assembling, reproducing or assembling or aiding in any way the producing, manufacturing, assembling, reproducing or assembling of any goods that bear words or packaging referring to Plaintiff's word marks "Power Balance" or "PB;"
(3) Buying, selling or in any way dealing with or using goods that bear words or packaging referring to Plaintiff's word marks "Power Balance" or "PB."
IT IS SO ORDERED.
United States District Judge
Hon. Dean D. Pregerson