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Hand & Nail Harmony, Inc. v. ABC Nail and Spa Products

United States District Court, C.D. California

June 19, 2017

HAND & NAIL HARMONY, INC., a California corporation, NAIL ALLIANCE, LLC, a Delaware corporation, Plaintiffs,
v.
ABC NAIL AND SPA PRODUCTS, et al., Defendants.

          POLSINELLI LLP Todd M. Malynn (CA Bar No.181595) Adam P. Daniels (CA Bar No. 296466) Jose Mariano Castillo Jose M. Castillo Law Offices Attorneys for Plaintiffs HAND & NAIL HARMONY, INC. and NAIL ALLIANCE, LLC

          AMENDED JUDGMENT

          THE HONORABLE DAVID O. CARTER UNITED STATES DISTRICT JUDGE

         The Court, having considered the Plaintiffs' Ex Parte Application/Request to Amend Judgment Previously Entered by the Court [Dkt. 214], and GOOD CAUSE appearing therefore, hereby orders as follows:

         Judgment shall be entered for Plaintiffs Hand & Nail Harmony, Inc. and Nail Alliance LLC, and against the Defendants Bao Toan Le (“Toan”), DL Beauty Supply, LLC dba Hollywood Beauty Supply (“DL Beauty”), JC Supply, Inc. (“JC Supply”), Abubacar Nesser (“Nesser”), Derick Q. Luu (“Tony”), Lindside Pham (“Pham”), VIP Nail Products, Inc. (“VIP Nail”), Khuong Lien Phan (“Khuong”), MT Beauty Supply (“MT Beauty”), and Ryan Do (“Jimmy”) (collectively, “Defendants”) as follows:

         1. $400, 000 against each of the Defendants named above, for the total award to Plaintiff of $4, 000, 000; plus

         2. Costs and attorney's fees against each of the Defendants named above, in the following amounts:

Against:
fees Are Awarded in the Amount of:
Costs Are Awarded in the Amount of:

JC Supply

16, 356.56

461.55

Phan

7, 164.56

166.31

Nesser

7, 164.56

311.81

DL Beauty

9, 178.18

391.08

Luu

7, 164.56

841.81

VIP Nail

13, 422.85

376.16

Pham

13, 422.85

327.32

MT Beauty

9, 178.18

391.08

Le

13, 422.85

820.23

Do

I 7, 164.56

311.81

         3. The Court's preliminary injunction (Dkt.78) is hereby made permanent as against the Defendants named above, and those Defendants are enjoined from:

a. From directly or indirectly manufacturing, purchasing, importing, advertising, promotion, offering to sell, distributing, transferring, concealing, or otherwise disposing of any products bearing any of the GELISH® marks, the trade dress associated with the GELISH® goods of the design of the GELISH® bottle, or any confusingly similar mark of bottle, other than those actually manufactured or distributed by Plaintiffs;
b. From secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any products, not manufactured or distribted by Plaintiffs, bearing any of the GELISH® marks, trade dress of bottle design; or (ii) any evidence relating to the manufacture, purchasing, acquisition, importation, advertising, promotion, distribution, inventory, shipping, handling, sale, offer fvor sale, disposal or transfer of any products bearing any GELISH® mark or any confusingly similar mark or bottle design, including counterfeit GELISH brand foundation and top coat; and
c. From knowingly instructing, aiding or abetting or conspiring with any other person or business entity engaging in any of the activities referred to in ...

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