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Hair Today, Gone Tomorrow: The Tale of a Retroactively Vacated Consent Injunction
The U.S. District Court for the Eastern District of New York, apparently in response to plaintiff's plans to use the criminal law system to press for a civil resolution of its motion for contempt, vacated L'Oreal USA Inc.'s 20-year injunction against a re-seller of genuine hair care products. MATRIX Essentials v. Quality King Distributors, Inc., et al., 2009 U.S. Dist. LEXIS 106174 (E.D.N.Y. Nov. 13, 2009) (“MATRIX III“)
The case is significant because the court vacated the injunction retroactively, even though those enjoined had violated its terms for several years. This judicial response arises from a 2007 decision in which the court found that the plaintiff's conduct in seeking redress was far shabbier than the defendants' in selling products in violation of a consent judgment.
The case presents an intertwined array of facts and procedure. The decision issued from the court on remand from the Second Circuit's affirmation on appeal of a 2007 decision in which the Eastern District had found L'Oreal's conduct appalling.
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