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Kalologie Franchising LLC v. Kolologie Skincare Medical Group of California

United States District Court, Ninth Circuit

January 10, 2014

KALOLOGIE FRANCHISING LLC, a limited liability company, Plaintiff,
v.
KALOLOGIE SKINCARE MEDICAL GROUP OF CALIFORNIA, a general partnership; DAVID D. HOPP, M.D., an individual; DAVID D. HOPP, M.D., A PROFESSIONAL CORPORATION, a corporation, Defendants.

ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION [DKT No. 13.]

DEAN D. PREGERSON, District Judge.

Based on the First Amended Complaint on file herein; the ex parte application by Plaintiffs Kalologie Franchising LLC and Kalologie LLC ("Plaintiffs") for Issuance of Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction (the "Application"); and all materials submitted therewith,

1. THE COURT finds that Plaintiffs have demonstrated they are likely to succeed on the merits on their first, second and third claims for relief and that they are likely to suffer irreparable harm absent injunctive relief. Likewise, the balance of equities tips in Plaintiffs' favor, and an injunction is in the public interest. Plaintiffs' Application is therefore GRANTED.

2. Pursuant to Fed.R.Civ.P. 65(b) and Local Rule 65-1, as well as 15 U.S.C. §§ 1114, 1116, and 1125(a), and applicable California and common law, DEFENDANTS KALOLOGIE SKINCARE MEDICAL GROUP OF CALIFORNIA, DAVID D. HOPP, M.D., and DAVID D. HOPP, M.D., A PROFESSIONAL CORPORATION ARE HEREBY ORDERED TO SHOW CAUSE at 1:30 p.m., on Monday, January 27, 2014, before the Honorable Beverly Reid O'Connell, in Courtroom 14 of the above-entitled Court, located at 312 North Spring Street, Los Angeles, California 90012, why they and all persons acting under the direction, control, permission, or authority of them, and all persons acting in concert therewith, should not be enjoined during the pendency of this action from displaying, marketing, distributing, advertising, transferring or selling any product or service bearing the KALOLOGIE® mark, or any other mark substantially indistinguishable from Plaintiffs' KALOLOGIE® trademark, at or in connection with the spa business located at 317 S. Robertson Blvd., Los Angeles, California 90048; or from using the word "Kalologie" in any manner whatsoever in connection with such business activities; or from copying any portion of any advertisement disseminated by a Kalologie franchisee for use in such business activities. Said Defendants ALSO SHALL SHOW CAUSE why, pursuant to 15 U.S.C. § 1116, they should not be ordered to file with the Court and serve on Plaintiffs within thirty days after service of this Order, a report in writing under oath setting forth in detail the manner and form in which they have complied with the injunction.

3. PENDING HEARING on the above Order to Show Cause, DEFENDANTS KALOLOGIE SKINCARE MEDICAL GROUP OF CALIFORNIA, DAVID D. HOPP, M.D., and DAVID D. HOPP, M.D., A PROFESSIONAL CORPORATION, and all persons acting under the direction, control, permission, or authority of them, and all persons acting in concert therewith, ARE HEREBY RESTRAINED AND ENJOINED from displaying, marketing, distributing, advertising, transferring or selling any product or service bearing the KALOLOGIE® mark, or any other mark substantially indistinguishable from Plaintiffs' KALOLOGIE® trademark, at or in connection with the spa business located at 317 S. Robertson Blvd., Los Angeles, California 90048; or from using the word "Kalologie" in any manner whatsoever in connection with such business activities; or from copying any portion of any advertisement disseminated by a Kalologie franchisee for use in such business activities. THIS TEMPORARY RESTRAINING ORDER IS EFFECTIVE IMMEDIATELY.

4. Counsel for Plaintiffs shall promptly serve this Order on Defendants and/or their counsel. Pursuant to Fed.R.Civ.P. 65(d), this order shall be binding upon Defendants and all of their agents, servants, employees and attorneys, and upon those persons in active concert or participation with each of them who receive actual notice of this order by personal service or otherwise.

5. The following briefing schedule shall apply: Any response to the Order to Show Cause shall be electronically filed no later than Monday, January 20, 2014. Any reply shall be electronically filed no later than Tuesday, January 21, 2014.

6. IT IS FURTHER ORDERED that Defendants will suffer no legally cognizable form of damages upon issuance of this injunction and, in any event, Defendants contractually waived any right to a bond. Accordingly, the Court finds that Plaintiffs need not post a bond.

IT IS SO ORDERED.


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