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07-4426 - Kay's Naturals, Inc. v. Kay's Naturals, Inc.


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07-4426 - Kay's Naturals, Inc. v. Kay's Naturals, Inc.
August 15, 2008
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ORDER granting 12 Motion for Entry of Default. Defendant Kay's Naturals, Inc., an Arizona corporation, its officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with defendant Kay's Naturals, Inc. or its officers, agents, servants, employees, or attorneys, are PERMANENTLY ENJOINED from: Using the mark KAY'S NATURALS or any confusingly similar mark in any marketing, advertising, or other statements to the public in connection with services defendant offers or intends to offer.Using the mark KAY'S NATURALS or any confusingly similar mark as defendant's corporate name. Registering or using any Internet domain name that incorporates, is identical to, or is confusingly similar to the mark Kay's Naturals. Using the mark KAY'S NATURALS or any confusingly similar mark in any other way. Making any representation, express or implied, that defendant or its officers, agents, servants, employees, attorneys, or other representatives have any relationship or affiliation with plaintiff Kay's Naturals, Inc., a Minnesota corporation. Plaintiff Kay's Naturals, Inc., a Minnesota corporation, is awarded its attorney's fees and costs in the amount of $6,500. (Written Opinion). Signed by Judge Patrick J. Schiltz on 08/15/08. (bjs) Modified on 8/15/2008 (jam).