UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

Document Filed Electronically 

KIRKER ENTERPRISES, INC., 

Plaintiff, 

v. 

EXPRESSION BEAUTY WORKS, INC., 

DE ROBLIN, INC. (d/b/a MIA SECRET), 

and LA YLA COSMETICS S.R.L., 

Defendant. 

----------------------------------- X 

Civil Action No. 11-2541-FSH-MAH 

District Judge Faith S. Hochberg 

Magistrate Judge Michael A. Hammer 

FINAL JUDGMENT ON CONSENT AS TO LAYLA COSMETICS S.R.L. 

On the agreement and consent of plaintiff Kirker Enterprises, Inc. ("Kirker") and 

defendant Layla Cosmetics S.R.L. ("Layla"), and having agreed to the settlement of the claims in 

this case and consenting to the entry of this Final Judgment on Consent, it is hereby 

ORDERED, ADJUDGED, AND DECREED that: 

1. This Court has jurisdiction over the parties and the subject matter of this action. 

2. Kirker has the right to bring this cause of action under United States Patent 

No. 5,935,590 ("the '590 Patent"). 

3. Defendant Layla, its officers, agents, and employees, and all persons acting in 

concert or participation with any of the foregoing, agree not to, and therefore are enjoined during 

the remaining term of the '590 Patent from exporting to the United States or causing the 

importation into the United States or manufacturing, having manufactured, distributing, 

importing, advertising, marketing, offering for sale, or selling in the United States crackle nail 

polish products, including but not limited to products substantially similar to the crackle nail 

polish product sold by Layla under the mark "Graffiti," characterized as forming random cracks 

after application to nails and upon drying of the applied nail polish layer, and claimed in the 

'5 90 Patent. 

Case 2:11-cv-02541-FSH-MAH Document 64 Filed 02/22/12 Page 1 of 2 PageID: 350
4. In the event Kirker initiates a proceeding against Layla or any of its officers, 

directors, agents, or employees, for violation of the aforesaid injunction, Layla and its officers, 

directors, agents, and employees, agree not to assert any defense of invalidity or unenforceability 

of the '590 Patent or that its previously sold Grafitti products did not infringe the '590 Patent. 

5. Except as otherwise set forth in paragraphs I, 2, 3, 4, and 7 hereof and in the 

event of any future proceedings regarding this consent judgment, Kirker's claims against Layla in 

the instant case are hereby dismissed with prejudice. Layla's counterclaims against Kirker in this 

case are hereby dismissed with prejudice. 

6. The parties shall bear their own attorney fees, expenses, and costs. 

so\<A'i 

7. The parties consent to this Court retaining jurisdiction of this casei\o enforce the 

provisions of this judgment and the terms of the settlement agreement referenced herein. 

8. The parties waive their right to appeal this judgment. 

LERNER, DAVID, LITTENBERG, 

KRUMHOLZ & MENTLJK, LLP 

600 South Avenue West 

Westfield, NJ 07067 

Attorneys for Plaint~ff 

Kirker Enterprises, Inc. 

By : __ ~s'-1 A:...=..::rn=o=ld:::..=l. _,_R=a=dy.~---___ _ 

Arnold I.Rady 

Tel: 908.654.5000 

Fax: 908.654.7866 

E-mail :arady@ldlkm.com 

litigation@ldlkm.com 

Dated: February 21,2012 

SO ORDERED: 

Dated: oh::iB-'6\ 

Newark, New Jersey 

LUCAS & MERCANTI, LLP 

475 Park Avenue South, 

New York, New York 10016 

Atlorneysfor Defendant 

Layla Cosmetics S. R. L. 

By: s/ Peter J. Phillips 

Peter J. Phillips 

Tel: 212.661.8000 

Fax: 212.661.8002. 

E-mail: pjphillips@lmiplaw.com 

Dated: __ ___.!F~e~b~ru:!!::a~ryL.::::...2 .!....ol ,_.::2~0....!cl ==..2 _ 

l="Qi\u.c-e. -\-0 Co("\~c.M"V'\0'\~+e. ~ :se-u-1-e.-v\-e<l"'t/- will no+ r~sc.ctl- rra _,.,e 

') r.eop~n;~ o+ 4-hi.s tV\0.-tto.er by ~ Co~,..._ -It> ~r~s ~c: I'V'\~c-a-.s ~ ~ Cei3J2.. 

Case 2:11-cv-02541-FSH-MAH Document 64 Filed 02/22/12 Page 2 of 2 PageID: 351