DERMA PEN, LLC v. 4EVERYOUNG LTD.

No. 19-4114.

999 F.3d 1240 (2021)

DERMA PEN, LLC, Plaintiff-Appellant, v. 4EVERYOUNG LIMITED; Biosoft (Aust) Pty Ltd, d/b/a DermaPenWorld; Equipmed International Pty Ltd, d/b/a DermaPenWorld; Stene Marshall, d/b/a DermaPenWorld, Defendants. Derma Pen IP Holdings, LLC, Movant-Appellant, Joel Marshall; Sasha Marshall; DP Derm, LLC, Movants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed June 8, 2021.


Attorney(s) appearing for the Case

Dick J. Baldwin ( Michael D. Zimmerman , Troy L. Booher , Taylor P. Webb with him on the briefs), Zimmerman Booher, Salt Lake City, Utah, and Kevin A. Turney , Salt Lake City, Utah, on the brief for Appellants.

S. Ian Hiatt ( Jefferson W. Gross with him on the brief), Gross & Rooney, Salt Lake City, Utah, for Appellees.

Before HARTZ, Circuit Judge, LUCERO, Senior Circuit Judge, and EID, Circuit Judge.


After years of trademark litigation, Plaintiff-Appellant Derma Pen, LLC ("Derma Pen") was granted a permanent injunction against Stene Marshall and three related corporations that he had formed. Shortly thereafter, Derma Pen moved for a contempt order against Stene Marshall, alleging that he had violated the injunction...

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