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North Atlantic Operating Co. Inc. v. La Price Check, LLC

United States District Court, C.D. California, Western Division

May 25, 2018

NORTH ATLANTIC OPERATING COMPANY, INC. et al., Plaintiffs,
v.
LA PRICE CHECK, LLC et al., Defendants.

          PERMANENT INJUNCTION

          VIRGINIA A. PHILLIPS CHIEF UNITED STATES DISTRICT JUDGE

         Action Filed: Aug. 9, 2017 Trial Dated: Aug. 28, 2018 The Court, having considered the Joint Stipulation for Entry of Permanent Injunction as to Defendants LA Price Check, LLC, Khairunnish Rajani, New Rainbow, Inc., and Shaukat Ali Rajani (“Price Check Defendants”), entered into by and between the Price Check Defendants and Plaintiffs North Atlantic Operating Company, Inc. and National Tobacco Company, L.P. (together, “North Atlantic” or “Plaintiffs”), and for good cause appearing therefor, IT IS HEREBY ORDERED THAT:

         Pursuant to Federal Rule of Civil Procedure 65 and the Lanham Act, 15 U.S.C. § 1501 et seq., Price Check Defendants, as well as their agents, servants, employees, attorneys, officers, and other representatives, and all other persons in active concert or participation with them, or each of them, who receive actual notice of this Order by personal service or otherwise, are hereby permanently enjoined and restrained from, directly or indirectly, anywhere in the world (“Permanent Injunction”):

a. Manufacturing, making, buying, purchasing, importing, shipping, delivering, advertising, marketing, promoting, offering to sell, selling, or otherwise distributing or disposing of, in any manner, any authentic, counterfeit, or infringing ZIG-ZAG® brand products, including but not limited to ZIG-ZAG® 1 ¼ Size French Orange cigarette paper products (“ZIG-ZAG® Orange”), or any products bearing:
b. The ZIG-ZAG® Trademarks[1], the NAOC® Trademarks[2], the NAOC© Copyright[3], and/or the ZIG-ZAG® Orange Trade Dress[4]; and/or
c. The statement that such products are “Distributed by North Atlantic Operating Company, Inc.” or otherwise under the control or supervision of North Atlantic;

         b) Manufacturing, making, buying, purchasing, importing, shipping, delivering, advertising, marketing, promoting, offering to sell, selling, or otherwise distributing or disposing of, in any manner, any North Atlantic products, or purported North Atlantic products that are not actually produced, imported, or distributed under North Atlantic's control or supervision, or approved for sale in the United States by North Atlantic in connection with the ZIGZAG® Trademarks, the NAOC® Trademarks, the NAOC© Copyright, or the ZIG-ZAG® Orange Trade Dress;

         c) In any way infringing or damaging the ZIG-ZAG® or NAOC® Trademarks, the NAOC© Copyright, or the ZIG-ZAG® Orange Trade Dress, or the value or goodwill associated therewith;

         d) Attempting, causing, or assisting in any of the above-described acts, including, but not limited to, enabling others in the above-described acts or passing on information to others to allow them to do so;

         e) Destroying, altering, deleting, or otherwise disposing of any documents, records, or electronically stored information concerning the manufacturing, making, buying, purchasing, importing, shipping, delivering, advertising, marketing, promoting, offering to sell, selling, or other distribution or disposal of any product that has been, or is intended to be, sold in packaging containing, displaying, or bearing the ZIG-ZAG® or NAOC® Trademarks, the NAOC© Copyright, or the ZIG-ZAG® Orange Trade Dress; and/or

         f) Forming or causing to be formed any corporation or other entity that engages in the above-described acts;

         g) This injunction shall be enforceable to the extent that the ZIG-ZAG® or NAOC® Trademarks, the NAOC© Copyright, or the ZIG-ZAG® Orange Trade Dress are enforceable and protectable under the laws of the United States;

         IT IS FURTHER ORDERED that violation of any or all of the foregoing provisions shall be punishable by contempt of court, entitling North Atlantic to collect liquidated damages in the amount set forth in the parties' Settlement Agreement, in addition to North Atlantic's reasonable ...


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