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American International Industries v. Citco Corp.

January 5, 2010

AMERICAN INTERNATIONAL INDUSTRIES, A GENERAL PARTNERSHIP, PLAINTIFF,
v.
CITCO CORPORATION, INC. AKA CITCO-USA, DEFENDANT.



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank

JUDGMENT ON STIPULATION OF THE PARTIES AND ORDER RELEASING CASH DEPOSIT OF $10,000 PLUS INTEREST

Action Filed: February 23, 2009

Upon Stipulation of Plaintiff American International Industries ("AII") and Defendant Cosmetic Industry & Trade Corporation ("CITCO") (erroneously sued as CITCO CORPORATION, INC. aka CITCO-USA), it is hereby ORDERED, ADJUDGED, and DECREED:

AII and CITCO stipulate that the above-captioned Court has personal and subject matter jurisdiction in this action, and may enter final judgment on the following terms:

1. CITCO, its successors-in-interest, officers, agents, servants, employees, and all those in active concert and/or participation with each of them who receive notice hereof, are permanently restrained and enjoined from reproducing, distributing, or using in any way the trade dress depicted below, or any derivative or confusingly similar trade dress in connection with marketing hair care products.

2. CITCO, its successors-in-interest, officers, agents, servants, employees, and all those in active concert and/or participation with each of them who receive notice hereof, are permanently restrained and enjoined from reproducing, distributing, or using in any way the Three Flowers Trade Dress, an example of which is depicted below, or any derivative or confusingly similar trade dress in connection with marketing hair care products. The Three Flowers Trade Dress includes but is not limited to:

(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 center of the label, and

(d) a label that states the product name in white upper-case lettering, placed horizontally in the center of the label, below the manufacturer's name, in all capital letters, and

(e) a label that contains part of the name of the product in the shape of an arc over the illustration of three flowers, and

(f) a label that uses the color combination of red, white, and green.

3. CITCO, its successors-in-interest, officers, agents, servants, employees, and all those in active concert and/or participation with each of them who receive notice hereof, are permanently restrained and enjoined from reproducing, distributing, or using in any way the "Three Flowers" mark, or any derivative or confusingly ...


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