Amarte USA Holdings, Inc. v. Kendo Holdings Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 AMARTE USA HOLDINGS, INC., Case No. 22-cv-08958-CRB

Plaintiff,

ORDER DENYING MOTION FOR

v.

PERMANENT INJUNCTION

KENDO HOLDINGS INC., et al., Defendants.

Plaintiff Amarte USA Holdings, Inc. (“Amarte”) sued Defendants in this Court, in the Northern District of California, for trademark infringement arising out of Defendants’ alleged distribution and sale of Marc Jacobs Beauty EYE-CONIC eyeshadow (the “California Action”). See Compl. (dkt. 1). As this litigation was underway, Amarte filed a second trademark infringement action concerning the Marc Jacobs Beauty EYE-CONIC eyeshadow—this time in the Southern District of New York (the “New York Action”). Defendant Kendo Holdings Inc. (“Kendo”) now moves for a permanent injunction, enjoining Amarte from filing or maintaining trademark infringement claims related to the sale of Marc Jacobs Beauty EYE-CONIC eyeshadow, against any party “proposed to be a defendant” in the California Action. See…