United States District Court, C.D. California
CONSENT JUDGMENT AND PERMANENT INJUNCTION
OTIS
D. WRIGHT, II UNITED STATES DISTRICT JUDGE
The
Court, pursuant to the Stipulation for Entry of Final
Judgment, including Permanent Injunction, against Defendant
Evgeny Lapik d.b.a. LAPIK (“Stipulation”), by and
between Plaintiff Kenrico LTD through its counsel of record,
and Defendant Evgeny Lapik d.b.a. LAPIK, pro per,
filed concurrently herewith, AND GOOD CAUSE APPEARING hereby
ORDERS, ADJUDICATES and DECREES that a final judgment,
including a permanent injunction, shall be and hereby is
entered against Defendant in the above-referenced matter as
follows:
1.
FINDING OF FACTS.
a. This
case involves Plaintiffs claim for false advertising pursuant
to 15 U.S.C. § 1125(a) and unfair competition under
California Business & Professions Code § 17200 and
California common law.
b.
Plaintiff Kenrico is engaged in the business of
manufacturing, selling and marketing a range of consumer
products. One of Kenrico's most prominent products
comprises footpads used for personal care that contain the
ingredient sporopollenin.
c.
Defendant Evgeny Lapik is an individual residing at the
address:
5111 South Regal Street
Spokane, WA 99223 Telephone (509) 900-7487
Email: evgenii.lapik@gmail.com
d.
Defendant Evgeny Lapik sells a competing foot pad product on
the website Amazon.com under the seller name LAPIK.
e.
Defendant warranted and admits the following facts in the
Stipulation under penalty of perjury:
• Defendant sourced his foot pad products
(“Accused Products”) from Hebei Houde Hanfang
Medical Devices Group Co. ltd. (“Alipads”) and
Alibaba Group (“Alibaba”);
• Defendant was induced by Alipads to believe that the
Accused Products contained the ingredient sporopollenin, when
the Accused Products in fact did not contain any
sporopollenin; . Defendant admits that he
used marketing material and content provided by Alipads that
falsely represented the Accused Products' ingredients;
• Defendant admits that the Accused Products are of
inferior quality to plaintiffs products and use retail
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