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The Official Published Version is available at 151 F.Supp. 2d 1215; 58 U.S.P.Q.2d 1411; 2001 WestLaw 793324 (C.D. To open a PDF file of the original Order, click here. United States District Court Central District of California Case No.
CV-00-03476 CM (JWJx) Sebastian International, Inc., Plaintiff v. Vincenzo Russolillo, an individual, et al., Defendants Counsel for Plaintiff Sebastian International, Inc.: William C.
Conkle, member of Conkle, Kremer & Engel, Professional Law Corporation 3130 Wilshire Boulevard, Suite 500 Santa Monica, California 90403 (310) 998-9100 – and- Thomas J. Nolan Howrey Simon Arnold & White 550 So. Hope Street Los Angeles, California 90071 (213) 892-1800 Counsel for Defendants Quality King Distributors, Inc., Rite Aid Corporation and CVS Corporation: Melodie K. Larsen Rintala, Smoot, Jaenicke & Rees, LLP 10851 Santa Monica Boulevard, Suite 400 Los Angeles, California 90025 (310) 203-0935 Counsel for Defendants Damian Christopher, Inc. And Roger Ladd: Norman H. Levine Greenberg Glusker Fields Claman & Machtinger, LLP 1900 Avenue of the Stars, Suite 2100 Los Angeles, California 90067 (310) 553-3610 ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION AND DENYING DEFENDANTS’ MOTIONS FOR SUMMARY ADJUDICATION Presently before the Court are three motions for summary adjudication brought by Plaintiff Sebastian International, Defendant Damian Christopher Inc., (“DCI”) and Defendant Quality King (“QK”).
Having reviewed the papers, the evidence submitted in support thereto, and having heard oral argument on Monday June 25, 2001, the Court hereby grants Plaintiff’s Motion and denies Defendants’ Motions for the following reasons. Factual and Procedural Background On May 21, the parties filed their Motions for Summary Adjudication. There are very few applicable facts. Sebastian brand products include hairsprays, shampoos, conditioners, colorings, gels, mousse, and other hair treatments. Different codes are imprinted on Sebastian products, which are the lot or batch codes, date codes, holograms, and tracking codes. See Reidel Decl. The batch codes identify the product’s manufacturer, the year and the month that the product was made, and the batch from which the container was filled.
See Stoops Depo. Date codes indicate when the product was filled. Sebastian prefers to market its products through salons that agree to re-sell them only to consumers for their personal use.
See Reidel Decl. To ensure Sebastian’s products remain within this chain of commerce, the hologram codes are used to track products and prevent their diversion. Sebastian has found its products for sale in grocery stores and drug stores in Southern California, with the hologram labels removed. Applicable Standard Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fairbot Serial Keygen Torrent. ” Fed.