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Creative Nail Design, Inc. A California Corporation v. Cali Chem

July 7, 2011

CREATIVE NAIL DESIGN, INC. A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CALI CHEM, INC., A CALIFORNIA CORPORATION; LOC DUONG, AN INDIVIDUAL DBA CALI BEAUTY SUPPLY; DAVID PHUC, AN INDIVIDUAL; SCOTT STACER, AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE, DEFENDANTS.



William C. Conkle (SB# 76103) w.conkle@conklelaw.com John A. Conkle (SB# 117849) j.conkle@conklelaw.com Kevin R. Keegan (SB# 260115) k.keegan@conklelaw.com CONKLE, KREMER & ENGEL Professional Law Corporation 3130 Wilshire Boulevard, Suite 500 Santa Monica, California 90403-2351 Phone: (310) 998-9100 * Fax: (310) 998-9109 Attorneys for Plaintiff Creative Nail Design, Inc.

JS-6

JUDGMENT AND PERMANENT INJUNCTION

Assigned For All Purposes: Honorable James V. Selna Courtroom: 10C Action Filed: March 15, 2010 Disc. Cutoff: May 11, 2011 Motion Cutoff: July 11, 2011 Trial Date: August 30, 2011

0535.002\9900

This action having been commenced by Plaintiff Creative Nail Design, Inc. ("CND") against Defendants Cali Chem, Inc., Loc Duong, Scott Stacer, and David Phuc ("Phuc"); and CND having served the Summons and Complaint on Phuc and a proof of service of the Complaint having been filed on April 9, 2010 and Phuc having failed to answer the Complaint or appear in any way, and the time for answering the Complaint having past; and

CND having shown, the following:

1. CND owns all right, title and interest in and to the following marks used in connection with the CND Products:

A. the words "C CREATIVE NAIL DESIGN," (USPTO Registration No. 2,220,935 with a first use in commerce date of September 18, 1997);

B. the letters "CND," (USPTO Registration No. 3,423,891 with a first use in commerce date of July 17, 2007);

C. the "CNDC Logo," (USPTO Registration No. 3,466,796 with a first use in commerce date of July 17, 2007);

D. the words "RADICAL SOLARNAIL," (USPTO Registration No. 2,208,857 with a first use in commerce date of April 15, 1993); and

E. the words "RETENTION" (USPTO Registration No. 2,232,067 with a first use in commerce date of March 26, 1998).

2. Phuc is offering for sale and/or selling counterfeit CND Products -- including but not limited to sculpting liquid -- bearing counterfeits of CND's Trademarks ("Counterfeit CND Products") to buyers in the ...


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