JOHN F. WALTER, District Judge.
Having considered the Motion for Default Judgment ("Motion") filed by Plaintiffs Herbalife International of America, Inc. and Herbalife International, Inc. (collectively, "Plaintiffs"), it is HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. Plaintiffs' Motion is GRANTED.
2. Pursuant to Federal Rule of Civil Procedure 55(b)(2), default judgment is entered in this matter against Defendant Healthy1 Inc. and Defendant Alice Martinez on Plaintiffs' claims for trademark infringement in violation of the Lanham Act, 15 U.S.C. § 1114 (Count I of the Complaint); unfair competition in violation of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A) (Count III); common law trademark infringement (Count V); unfair and deceptive business practices in violation of Cal. Bus. and Prof. Code § 17200, et seq. (Count VI); and tortious interference with contracts and business relationships (Count VII).
3. Plaintiffs' claims for false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B) (Count II) and trademark dilution in violation of the Lanham Act, 15 U.S.C. § 1125(c) (Count IV) are dismissed.
4. Pursuant to 15 U.S.C. § 1117(a), Plaintiffs are awarded damages in the form of Defendants' profits. Having considered the documentary evidence submitted with the Motion, the Court has determined that Plaintiffs are entitled to recover Defendants' profits in the amount of $8,419,400.75.
5. This Judgment also constitutes a permanent injunction. See 15 U.S.C. § 1116(a). The injunctive relief provisions of this Judgment apply to Defendants as well as their agents, owners, servants, employees, and all persons or entities in active concert or participation with Defendants (collectively, the "Enjoined Parties").
6. Plaintiffs have valid and subsisting trademarks. These trademarks include, but are not limited to: HERBALIFE® (U.S. Trademark Registration Nos. 4,402,483, 3,324,677, 2,512,368, 1,969,346, 1,811,780, 1,254,211), HERBALIFE24® (Registration No. 4,647,525), HERBALIFELINE® (Registration No. 1,406,425), CELL ACTIVATOR® (Registration No. 3,116,689), TRI-SHIELD® (Registration No. 3,137,237), XTRA-CAL® (Registration No. 3,739,538), PROLESSA® (Registration No. 4,301,688), THERMO-BOND® (Registration No. 1,934,165), and TOTAL CONTROL® (Registration No. 2,832,678) (collectively, the "Herbalife Trademarks"). Herbalife International, Inc. owns the Herbalife Trademarks and has licensed them to Herbalife International of America, Inc., its wholly-owned subsidiary.
7. The Enjoined Parties are:
8. The Enjoined Parties must disclose to Plaintiffs the contact information and identities of every individual and entity that has provided the Enjoined Parties with Herbalife products and products bearing the Herbalife Trademarks.
9. Pursuant to Rule 65(d)(2) of the Federal Rules of Civil Procedure, this Order is binding upon the following persons who receive actual notice of it: the parties, the parties' officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with the parties or the parties' officers, agents, servants, employees, and attorneys.
10. Doe Defendants 1-10 are dismissed from this action with prejudice.