The opinion of the court was delivered by: Honorable Valerie Baker Fairbank Judge, United States District Court
PRELIMINARY INJUNCTION ORDER
Assigned For All Purposes: Honorable Valerie Baker Fairbank Courtroom: 9 Date: April 13, 2009 Time: 1:30 p.m.
Action Filed: February 23, 2009
Plaintiff American International Industries ("AII") moved for a preliminary injunction against Defendant Citco Corporation, Inc. aka Citco-USA ("Citco"). The Court has reviewed the pleadings, the moving, opposition and reply papers, the testimony of the witnesses in their declarations, and the testimony of the witnesses in court as well as all the evidence received by agreements of the parties. The Court read and ruled on all objections that were filed timely.
IT IS HEREBY ORDERED that:
On the condition that Plaintiff American International Industries post security in the amount of $10,000, during the pendency of this action, Citco, its officers, agents, servants, employes, suppliers, distributors, attorneys, and all those in active concert or participation with Citco are restrained and enjoined from distribution of, trading in, marketing, or selling:
1. The "Tree Flowers" product below:
2. Hair Care Products with "Tree Flowers" in the product name, description, or advertising or with any other name confusingly similar to AII's registered trademark "Three Flowers(r)"; or
3. Hair Care Products with a confusingly similar trade dress to that of AII's "Three Flowers(r)" Brilliantine; including product packaging that utilizes:
(a) a jar with a green screw-on cap, and
(b) a label that contains a silhouette of three flowers, and
(c) a label that states the manufacturer's name in black lettering, placed horizontally in the ...