This matter having come before the Court on the joint request of the parties for entry of this Final Judgment and Permanent Injunction on Consent (this “Final Judgment”); and It appearing that plaintiffs Novo Nordisk A/S and Novo Nordisk Inc. (collectively, “Novo Nordisk”) filed their Complaint in this action on June 20, 2023, and that defendant Flawless Image Medical Aesthetics, LLC (“Flawless Image”) was served with the Complaint and, through counsel, appeared on June 29, 2023; and It further appearing that a Consent Preliminary Injunction Order was entered herein on August 14, 2023; and It further appearing that the parties have agreed to settle and resolve this matter without any further formal proceedings herein, and, as indicated by the signatures below, have consented to the entry of this Final Judgment in connection with such resolution of this action; and The Court finding good cause therefor; NOW, THEREFORE, by stipulation and agreement of the parties, and with the express consent of counsel for plaintiffs and counsel for defendant, as indicated below, and for good cause shown,

Without the consent of plaintiff Novo Nordisk, defendant Flawless Image has engaged in advertising, marketing, and/or promotion that falsely suggests that: (i) the Unapproved Compounded Drugs offered and sold by defendant Flawless Image are approved by the FDA; (ii) the Unapproved Compounded Drugs have been reviewed by the FDA for safety, effectiveness, or quality; or have been demonstrated to the FDA to be safe or effective for their intended use; (iii) the Unapproved Compounded Drugs offered by defendant Flawless Image achieve or have been shown or proven to achieve certain therapeutic results, effects, or outcomes; (iv) the Unapproved Compounded Drugs achieve or have been shown or proven to achieve therapeutic results, effects, or outcomes similar or identical to Novo Nordisk’s FDA-approved, semaglutide-based medicines, and/or that the Unapproved Compounded Drugs are interchangeable with or equivalent to genuine Novo Nordisk FDA-approved, semaglutide-based medicines; and/or (v) the Unapproved Compounded Drugs contain any ingredient (including but not limited to semaglutide) that is supplied by Novo Nordisk, is approved by the FDA, or is the same as any ingredient in any Novo Nordisk product.

Defendant Flawless Image its officers, directors, shareholders, owners, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are hereby PERMANENTLY ENJOINED from:

All claims asserted in this action are hereby dismissed without prejudice, except that this Court shall retain jurisdiction for the purpose of enforcing the parties’ settlement agreement, this Final Judgment, and as otherwise provided herein.

This Final Judgment shall be deemed to have been served on defendant Flawless Image, its officers, directors, shareholders, owners, agents, servants, employees, and attorneys, and all those in active concert or participation with them as of the date of entry hereof by the Court.

The parties having met and conferred regarding the intent of Plaintiff Eli Lilly and Company (“Lilly” or “Plaintiff”) to file a motion for preliminary injunction herein and the representation of Defendant Renew Medspa LLC (“Renew” or “Defendant”) that it has ceased use of Plaintiff’s MOUNJARO® trademark and the advertising complained of in Plaintiff’s Complaint; and The parties, by and through their undersigned counsel, having agreed to entry of this Order; and The parties having agreed that the consent of Lilly and of Renew to the entry of this Order shall be without prejudice to any of the claims asserted by Lilly in the Complaint herein or any permanent or other relief to which Lilly may be entitled, and without prejudice to any defenses that Defendant may have to the claims asserted in Lilly’s Complaint; and The parties have agreed to the entry of this Order by the Court based on their agreement to its entry, and without any admission or acknowledgement of the truth of the

This court has jurisdiction over the claims asserted by Lilly and over the parties for purposes of this action, and venue is proper in this Court; (b) Use of Lilly’s registered trademark MOUNJARO® in connec- tion with compounded drugs purporting to contain tirzepatide or in connec- tion with the advertising, marketing, sale, or promotion of such drugs is likely to cause confusion and infringe Lilly’s trademark rights;

Statements to the effect that compounded drugs purporting to contain tirzepatide are Lilly products, are associated with Lilly, have been approved by the U.S. Food and Drug Administration (“FDA”) and/or have CASE 0:23-cv-02880-WMW-DLM Doc. 25 Filed 11/14/23 Page 3 of 5 been proven to achieve certain therapeutic results or effects are likely to be false and violate Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a);

The balance of hardships and the public interest weigh in favor of the entry of injunctive relief with respect to such use and statements.

Defendant Renew Medspa LLC, its officers, agents, servants, employees, and attorneys, their respective affiliates, principals, owners, representatives, successors, and related companies, and all those in active concert or participation with them, are hereby, during the pendency of this action:

Plaintiff Sea Shepherd Conservation Society ("SSCS") having been advised by Defendants Paul Watson ("Watson") and The Captain Paul Watson Foundation ("CPWF") that Sea Shepherd Origins, the French entity named as a defendant in this action, has been dissolved, has ceased to exist, and is no longer engaged in activity of any kind, and SSCS having been provided with documentation confirming the cessation of the existence of Sea Shepherd Origins, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for SSCS, Watson and CPWF, that Defendant Sea Shepherd Origins is hereby dismissed from the above-captioned action without prejudice and without costs, and that all claims of SSCS against Sea Shepherd Origins be, and they hereby are, dismissed without prejudice.

Execution Copy 4877-7079-6418. v5 SO ST!PULA TED AND AGREED thi� day of ��.!!!2023.

United States District Judge Execution Copy 4877-7079-6418.v5 �Ht;Je,r- so STIPULATED AND AGREED, this 3 ,..l day of Septe,ubar, 2023

United States District Judge Execution Copy 4877-7079-6418. v5 • ·-- .

United States District Judge Execution Copy 4877-7079-6418. v5

The parties having met and conferred, in accordance with Local Rules 65.1 and 7.1, regarding the intent of Plaintiffs Novo Nordisk A/S and Novo Nordisk Inc. (together, “Novo Nordisk” or “Plaintiffs”) to file a motion for preliminary injunction herein; and The parties, by and through their undersigned counsel, having agreed to entry of this Consent Preliminary Injunction Order; and The parties having agreed that the consent of Novo Nordisk and of Defendant Flawless Image Medical Aesthetics, LLC (“Defendant”) to the entry of this Consent Preliminary Injunction Order shall be without prejudice to any of the claims asserted by Novo Nordisk in the Complaint herein or any permanent or other relief to which Novo Nordisk may be entitled, and without prejudice to any defenses that Defendant may have to the claims asserted in Novo Nordisk’s Complaint or any relief to which Defendant may be entitled; and The parties having agreed to entry of this Consent Preliminary Injunction Order by the Court based on the parties’ agreement to its entry, and without any admission or acknowledgement of the truth of the allegations of Novo Nordisk’s Complaint or the truth of any defenses that may be asserted by Defendant, and without any findings or conclusions regarding the claims asserted by Novo Nordisk in its Complaint or regarding Novo Nordisk’s likelihood of success on its claims against Defendant other than those set forth herein; and The parties having agreed that entry of this Consent Preliminary Injunction Order by the Court shall not provide any inferences whatsoever for either party in proving their respective claims or defenses, and shall be without prejudice or impact to the parties’ ultimate burdens, whether evidentiary burden or burden of proof; and Defendant having agreed, for purposes of this Order, to waive the entry of findings of fact and conclusions of law in accordance with Rule 52(a)(2) of the Federal Rules of Civil Procedure;

Use of Novo Nordisk’s registered trademarks OZEMPIC®, WEGOVY® and/or RYBELSUS® in connection with compounded drugs purporting to contain semaglutide or in connection with the advertising, marketing, sale, or promotion of such drugs is likely to cause confusion and infringe Novo Nordisk’s trademark rights.

Statements to the effect that compounded drugs purporting to contain semaglutide are Novo Nordisk products, are associated with Novo Nordisk, have been approved by the U.S. Food and Drug Administration (“FDA”) and/or have been proven to achieve certain therapeutic results or effects are likely to be false and violate Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

The balance of hardships and the public interest weigh in favor of the entry of injunctive relief with respect to such use and statements.

Defendant Flawless Image Medical Aesthetics, LLC, its officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are hereby, during the pendency of this action:

This Court also has jurisdiction over the subject matter of this action on the basis of diversity pursuant to 28 U.S.C. § 1332 because Plaintiffs and Defendant are citizens of different U.S. states or countries, and the amount in controversy exceeds $75,000, excluding interests and costs.

As a result of its iconic design, the Crocs Classic Clog shoes featuring the trade dress shown in the 3D Registrations has enjoyed immediate and consistent commercial success since its launch in 2003.

The HobiBear clogs incorporate a pattern of holes on the horizontal portion of the upper and trapezoidal openings around the front rim of the shoe that are similar to those shown in the 3D Registrations.

Defendant HobiBear has appropriated the trade dress and design of the Classic Clog shoes without Crocs’ permission and in an attempt to take market share away from Crocs.

An order pursuant to 15 U.S.C. §§ 1116 and 1118 requiring Defendant HobiBear, its agents, servants, officers, employees, successors, and assigns, to destroy all inventory of HobiBear’s infringing products that are in their possession, custody, or control;

We vacated the decision of the Board for applying the wrong legal standard for genericness of the term ZERO and for failing to make a finding on the term’s descriptiveness be- fore addressing acquired distinctiveness.

The Board sustained Royal Crown’s opposition to another of Coca-Cola’s proposed marks, FULL THROTTLE ZERO, which is no longer at issue because Coca-Cola assigned its interest to a third party that elected not to appeal from the Board’s decision, 892 F.3d at 1362 n.2.

Coca-Cola also main- tains that the Board is permitted to grant an unconsented motion to amend the application under 37 C.F.R. § 2.133(a), and that the basis of the Board’s decision is suf- ficiently clear under the APA.

Entry of Coca-Cola’s disclaimer entirely fulfilled Royal Crown’s request for re- lief, rendering its opposition superfluous, as the Board ex- plained in its decision.

Royal Crown argues that its appeal is not moot because Coca-Cola never conceded that the term ZERO is generic or merely descriptive in the relevant product genera, nor did the Board so hold, and Coca-Cola may in the future ap- ply for other ZERO-inclusive marks.