Opinion
2:23-cv-02265-RGK-PD
04-09-2024
INTENZE PRODUCTS, INC. Plaintiff v. TCM SUPPLY CORPORATION d/b/a WORLDWIDE TATTOO SUPPLY d/b/a XTREME INKS; and ROCK LEE Defendants
[PROPOSED] PERMANENT INJUNCTION ORDER & JUDGMENT AGAINST DEFENDANTS TCM SUPPLY CORPORATION D/B/A WORLDWIDE TATTOO SUPPLY D/B/A XTREME INKS AND ROCK LEE
Hon. R. Gary Klausner Judge
WHEREAS, this matter came before this Court on the motion of Plaintiff Intenze Products, Inc. (“Intenze” or “Plaintiff”) pursuant to Federal Rule of Civil Procedure 56, seeking the entry of summary judgment (the “Motion”) against Defendants TCM Supply Corporation d/b/a Worldwide Tattoo Supply (“TCM”) and Rock Lee (“Lee”) (collectively, “Defendants”) on all of Plaintiff's claims;
WHEREAS, having considered Plaintiff's Motion, its supporting memorandum of law, supporting declaration and exhibits, the First Amended Complaint, and other papers submitted therewith, and GOOD CAUSE APPEARING, the Court GRANTED the Motion in an order dated February 26, 2024 (Dkt. No. 103) (the “2/26 Order”), and found Defendants liable on all of Plaintiff's claims;
NOW THEREFORE, in accordance with the 2/26 Order, it is hereby ORDERED, ADJUDGED AND DECREED that judgment is entered against all Defendants on all of Plaintiff's claims: for trademark infringement in violation of 15 U.S.C. § 1114, unregistered trademark infringement and unfair competition in violation of15 U.S.C. § 1125(a), and unfair competition in violation of California Business and Professions Code § 17200 and California common law, and that:
I. Permanent Injunction
Defendants, or any of their agents, and any employees, agents, servants, officers, representatives, directors, attorneys, successors, affiliates, assigns, and entities owned or controlled by Defendants, and all those in active concert or participation with Defendants, and each of them who receives notice directly or otherwise of this Permanent Injunction Order & Judgment (the “Order”) are permanently enjoined and restrained from:
1) manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in infringing products;
2) directly or indirectly infringing in any manner any of the Asserted Marks; (i.e., INTENZE, ZUPER BLACK or ADVANCED TATTOO INK);
3) using a reproduction, counterfeit, copy or colorable imitation of the Asserted Marks, including the Accused Marks (i.e., INTENZE, SUPER BLACK and ADVANCED TATTOO INK), to identify any goods or services not authorized by Plaintiff;
4) using any of Plaintiff's trademarks, including, without limitation, the Asserted Marks, or any other marks that are confusingly similar thereto, on or in
connection with Defendants' business and/or Defendants' manufacture, advertisement, marketing, promotion, distribution, display, offering for sale, sale, and/or otherwise d1ealing in tattoo ink;
5) using any false designation of origin or false description, or engaging in any action that is likely to cause confusion, cause mistake, or to deceive members of the trade or the public as to the affiliation, connection, origin or association of any product manufactured, advertised, marketed, promoted, distributed, displayed, offered for sale, or sold by Defendants with Plaintiff or as to the sponsorship or approval of any product manufactured, advertised, marketed, promoted, distributed, displayed, offered for sale, or sold by Defendants and Defendants' commercial activities by Plaintiff; and
6) engaging in the unlawful, unfair, or fraudulent business acts or practices, including, without limitation, the actions described herein, including the use of the Asserted Marks and the advertising or dealing in any infringing products.
All capitalized terms, unless otherwise indicated, shall be given the definitions set forth in the 2/26 Order.
II. Additional Equitable Relief
IT IS FURTHER ORDERED that, within THIRTY (30) DAYS of this Order, Defendants must deliver up for destruction to Plaintiff any and all unsold tattoo ink that incorporates or uses any of the Accused Marks, or any marks that are confusingly similar thereto, and any and all packaging, labels, tags, advertising, and promotional materials and any other materials in the possession, custody or control of Defendants that infringe any of Plaintiff's trademarks or other rights including, without limitation, Plaintiff's Asserted Marks, pursuant to 15 U.S.C. § 1118.
III. Damages Award
IT IS FURTHER ORDERED that Defendants shall be jointly and severally liable to Plaintiff in the amount of $961,909.63 in damages, and $233,197.50 in attorneys' fees, for a total of $1,195,107.13, plus post-judgment interest pursuant to 28 U.S.C. § 1961.
IV. Miscellaneous Relief
IT IS FURTHER ORDERED that:
1) Defendants shall not effect any assignments or transfers, form new entities or associations, or utilize any other device for the purpose of circumventing or otherwise avoiding the obligations or prohibitions set forth in this Order or any subsequent order in this action;
2) Defendants shall not instruct, assist, aid or abet any other person or entity in engaging in or performing any activities in violation of this Order;
3) The Court releases the twenty thousand U.S. dollar ($20,000) security bond posted by Plaintiff in connection with this action to counsel for Plaintiff, Epstein Drangel LLP, 60 East 42nd Street, Suite 1250, New York, NY 10165; and
4) This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order.
IT IS SO ORDERED.