Opinion
No. 97 Civ. 7102 (LAK)
February 17, 2000
FINAL JUDGMENT
WHEREAS, plaintiff E.G.L. Gem Lab Ltd. ("EGL Ltd.") commenced this action on September 23, 1997 against defendants Gem Quality Institute, Inc. ("GQI"), Thomas E. Tashey, Jr. and Myriam Tashey (collectively the "Tashey Defendants"), Independent Gemological Laboratory, Inc. ("IGL"), and Guy Margel; and
WHEREAS, GQI and the Tashey Defendants asserted counterclaims against EGL Ltd. and Nachum Krasnianski and cross-claims against Guy Margel; and WHEREAS, plaintiff consented to the dismissal of its claims against IGL and Margel; and WHEREAS, the remaining claims in this action were tried before the undersigned without a jury commencing on February 16, 1999, the Court issued an opinion containing findings of fact and conclusions of law on February 2, 2000, and the Court having considered submissions from plaintiff, GQI and the Tashey Defendants with respect to the form of the judgment,
NOW THEREFORE, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1. This Court has jurisdiction over the parties and subject matter of this action and venue is proper laid in this District.
2. The action is dismissed with prejudice and without costs as against defendants Guy Margel and IGL.
3. The counterclaims asserted by GQI and the Tashey Defendants are dismissed with prejudice and without costs.
4. All claims asserted by and against Guy Margel are dismissed with prejudice and without costs.
5. Plaintiff's claims for damages against GQI and the Tashey Defendants are dismissed with prejudice.
6. As used herein, the following terms are defined as follows:
a. "EGL Marks" means EUROPEAN GEMOLOGICAL LABORATORY and EGL.
b. "GQI Marks" means GEM QUALITY INSTITUTE and GQI.
c. "License" means the license entered into between Guy Margel and Thomas E. Tashey, Jr. with respect to the use of the EGL Marks, all as more fully described in the Court's opinion.
d. "Los Angeles Area" means the City and County of Los Angeles, California and such additional territory as lies within 100 miles of the United States Courthouse, 312 North Spring Street, Los Angeles, California.
7. GQI and the Tashey Defendants, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with any of them who receive actual notice of this judgment by personal service or otherwise be and they hereby are permanently enjoined and restrained as follows:
a. From using, on or after April 1, 2000, the GQI Marks and any other confusingly similar name or mark.
b. From operating any gem grading business in the Los Angeles Area during the term of the License, provided, however, that nothing herein shall prohibit their operation in the Los Angeles Area of the EGL laboratory contemplated by the License so long as the License remains in effect.
c. So long as the License remains in effect, from
(1) using any name or mark in connection with the operation, advertising or promotion of the EGL laboratory in Los Angeles contemplated by the License other than the EGL Marks or such other EGL designation or mark as may be approved in advance by plaintiff,
(2) using any geographic descriptor in conjunction with the EGL Marks,
(3) answering the telephone in connection with the operation of the EGL Los Angeles laboratory with any greeting other than "EGL" or "European Gemological Laboratory,"
(4) publishing or otherwise disseminating to the public any advertisement, form of certificate, stationery, form of report, web site or promotional material using the EGL Marks, or either of them, without the prior written approval of plaintiff,
(5) issuing any grading report or identification report which uses the EGL Marks, or either of them, at any location other than the Los Angeles EGL laboratory,
(6) using the SI3 grade or the designation "Tolkowsky" on any written or oral report issued in connection with the EGL Los Angeles laboratory.
8. The parties having agreed thereto, the Court declares that the License remains in effect at the date of entry hereof and that plaintiff has succeeded to all of the rights of Guy Margel thereunder save that Margel is entitled to payment by Tashey of the fees due thereunder.
9. Plaintiff shall recover against GQI and the Tasheys the costs of this action and their reasonable attorney's fees as may be determined upon motion made within 14 days following the entry hereof.
10. All claims between and among all parties having been disposed of, the Clerk will close this file. The Court, however, retains jurisdiction for the purpose of enforcing the Judgment.
SO ORDERED.