Moroccanoil, Inc. v. Moroccan Gold, LLC

Proceedings: (IN CHAMBERS) Order Re Plaintiffs Motion for Preliminary Injunction (DE 9)

I. INTRODUCTION

Plaintiff Moroccanoil (“Plaintiff’) sued Defendants Moroccan Gold, LLC and Fantasia Industries Corp. (collectively “Defendants”) on August 14, 2008, asserting claims for (1) trademark infringement under the Lanham Act, (2) unfair competition under the Lanham Act, (3) unfair competition under California Business and Professions Code Section 17200, (4) common law trademark infringement, (5) intentional interference with prospective business advantage, and (6) negligent interference with prospective business advantage.

Presently before the Court is Plaintiffs Motion for Preliminary Injunction. For the following reasons, the Court GRANTS Plaintiffs Motion.

II. FACTUAL BACKGROUND

The parties allege the following facts.

The argan tree grows only in Morocco. Nut kernels from this rare tree produce a unique oil known as argan oil. For centuries, Moroccans have used argan oil for dietary and other purposes.

A. Moroccanoil

Since January 1, 2007, Plaintiff has distributed a hair care product line containing argan oil from Morocco to salons in the United States. Plaintiffs most…