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Hair Club For Men, Ltd., Inc. v. Lee

United States District Court, N.D. Illinois

April 25, 2017

HAIR CLUB FOR MEN, LTD., INC., Plaintiff,
v.
SEAN LEE and 360 HAIR CLUB, CORPORATION Defendants.

          STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS SEAN LEE AND 360 HAIR CLUB CORPORATION

         Plaintiff Hair Club For Men, Ltd., Inc. (“Hair Club”) and Defendants Sean Lee (“Lee”) and 360 Hair Club Corporation (“360 Hair Club, ” and collectively with Lee, “Defendants”) hereby stipulate as follows:

         1. The Action.

         Hair Club initiated this action against Defendants alleging federal and common law trademark infringement, false designation of origin and acts of unfair competition. Defendants are operating a business under the name 360 HAIR CLUB (the “Infringing Mark”) which has caused irreparable harm to Hair Club for which it has no adequate remedy at law.

         Hair Club owns numerous U.S. trademark registrations incorporating the mark HAIR CLUB, including:

Trademark

Reg. No.

Services

Reg. Date.

HAIR CLUB FOR MEN

1123852

Beauty services-namely, hair weaving and replacement services

August 7, 1979

HAIR CLUB

1317389

Beauty services, namely hair weaving and replacement services

January 29, 1985

I'M NOT ONLY THE HAIR CLUB PRESIDENT, I'M ALSO A CLIENT

1573996

Beauty services, namely hair weaving and replacement services

December 26, 1989

HAIR CLUB FOR KIDS

1830003

Beauty services, namely hair weaving and replacement services

April 5, 1994

HAIR CLUB FOR WOMEN

1903844

Beauty services, namely hair weaving and replacement services

July 4, 1995

HAIR CLUB FOR MEN AND WOMEN (and design)

3057215

Beauty services; namely, hair replacement, hair weaving and hair care services

November 7, 2006

HAIR CLUB (and design)

4636488

Beauty services, hair replacement, hair weaving and hair care services, namely, hair salon services, hair cutting services.

November 11, 2014

HAIR CLUB (and design)

4757340

Beauty services, hair replacement, hair weaving and hair care services, namely, hair salon services, hair cutting services

June 16, 2015

         Collectively, the above trademarks are hereinafter referred to as the “HAIR CLUB Marks.” The HAIR CLUB Marks are registered on the Principal Register of the United States Patent and Trademark Office, and these registrations have always been, and continue to be, in full force and effect. With the exception of Registration Nos. 4, 636, 488 and 4, 757, 340, the HAIR CLUB Marks' registrations are incontestable under Section 15 of the Lanham Act, 15 U.S.C. § 1065, providing conclusive evidence of the validity of the registrations, of Hair Club's ownership of those marks and of its right to use those marks in commerce for the services listed above, as provided in 15 U.S.C. § 1057(b) and § 1115(a).

         2. The Settlement.

         Hair Club and Defendants (collectively the “Parties”) stipulate that a settlement in the above matter has been reached between the Parties and that the terms of that settlement are embodied in a separately executed Settlement Agreement (“Settlement Agreement”).

         The Parties stipulate that, as a part of the Settlement Agreement, Hair Club shall separately file a stipulation of dismissal signed by the Parties upon the Court's entry of an order accepting this Stipulated Consent Judgment And Permanent Injunction.

         3. Defendants' Obligations.

         Defendants have agreed, consented and stipulated to this Consent Judgment and Permanent Injunction and to each and every provision, order and decree hereof, including as follows:

a. Defendants agree and stipulate that the HAIR CLUB Marks are valid and enforceable trademarks for the products and services listed in the registrations for the HAIR CLUB Marks, and the registrations for the HAIR CLUB Marks are valid, enforceable trademark registrations. Defendants further agree that they will not directly or indirectly challenge (nor cause to be challenged, assist, aid or encourage others to challenge) the validity and enforceability of the HAIR CLUB Marks in any court or other tribunal, including, but not limited to, the United States Patent and Trademark Office.
b. As of June 1, 2017, Defendants are hereby permanently enjoined from using, or directing another to use, a business name, trademark, trade name, domain name or other name that is similar to the HAIR CLUB Marks, including, but not limited to, the Infringing Mark.
c. As of June 1, 2017, Defendants shall have cancelled, and shall cause all entities they control or have a right to control to cancel, all federal, state, municipal and other registrations incorporating the Infringing Mark, and any and all marks similar to the HAIR CLUB Marks, including, but not limited to, any and all ...

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