Harley-Davidson Motor Company et al v. Elworth's Harley-Davidson Sales & Service et al

Case Number: 8:2010cv00086
Filed: March 2, 2010
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Lyle E. Strom
Referring Judge: Thomas D. Thalken
Nature of Suit: Trademark
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Defendant

Available Case Documents

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Date Filed#Document Text
April 8, 2010 33 Opinion or Order of the Court MEMORANDUM OPINION regarding the Plaintiff's Motion for a preliminary injunction 6 . The court finds all four factors favor granting preliminary injunctive relief in favor of the plaintiffs. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (MKR)
April 8, 2010 34 Opinion or Order of the Court PRELIMINARY INJUNCTION pursuant to the Memorandum Opinion 33 entered herein this date, Plaintiffs motion for a preliminary injunction 6 is granted; Subject to plaintiffs posting the bond, defendants, their employees, agents, partners, officers, d irectors, owners, shareholders, principals, subsidiaries, related companies, and all person in active concert or participation with any of them are preliminarily enjoined and restrained from using the Harley- Davidson Trademarks, and any other tradem arks and logos that are confusingly similar to those marks, in any unauthorized manner including, but not limited to, on indoor and outdoor signage, banners, flags, floor mats, decals, advertising and promotional materials, posters, displays, fixture s, business cards, letterhead, stationary, forms, clothing and apparel, websites, and trailers, as business names, as domain names, as e-mail addresses, as URLs, as metatags, or as any other identifiers; and b) from representing by any means whatsoev er, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants are associated or connected in any way with Harley-Davidson, including continuing to represent or imply that Elwor ths is still an authorized Harley-Davidson dealer; Pursuant to Federal Rule of Civil Procedure 65(c), this injunction shall become effective upon plaintiff posting a security bond in the amount of $75,000. Ordered by Senior Judge Lyle E. Strom. (Copies sent to financial)(MKR)
May 11, 2010 41 Opinion or Order of the Court ORDER - Scheduling Conference set for 5/27/2010 09:00 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL)
May 17, 2010 42 Opinion or Order of the Court ORDER TO SHOW CAUSE - The defendants shall show cause at thepreviously set May 27, 2010, scheduling conference (see Filing 41 ) as to why plaintiffs' motion for contempt should not be granted. Show Cause Deadline set for 5/27/2010.Ordered by Senior Judge Lyle E. Strom. (MKR)
June 8, 2010 44 Opinion or Order of the Court ORDER FOR PERMANENT INJUNCTION AND DISMISSAL- Upon the 43 Stipulation for Dismissal by the parties, and the entire record in this action, and for good cause shown: Defendants and their employees, agents, partners, officers, directors, owners, share holders, principals, subsidiaries and related companies, and all persons in active concert or participation with any of them, are permanently enjoined and restrained from: (a) using the Harley-Davidson Trademarks, including the Harley-Davidson name a nd Bar & Shield Logo, and any other trademarks and logos that are confusingly similar to or dilutive of those marks, in any unauthorized manner including, but not limited to, on indoor and outdoor signage, banners, flags, floor mats, decals, advertis ing and promotional materials, posters, displays, fixtures, business cards, letterhead, stationery, forms, clothing and apparel, websites, and trailers, as business 1228143.1 names, as domain names, as e-mail addresses, as URLs, as metatags, or as an y other identifiers; and, (b) from representing by any means whatsoever, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants, are associated or connected in any way with plaintiffs, including continuing to represent or imply that either defendant is an authorized Harley-Davidson dealer. No bond shall be necessary in connection with the entry of this permanent injunction, and it shall no longer be necessary for plaint iffs to maintain the security bond posted in connection with the issuance of the preliminary injunction in this matter. The remainder of plaintiffs complaint, including plaintiffs claims for damages, attorneys fees and costs, is dismissed with prejud ice, except that this court shall retain jurisdiction to enforce its preliminary and permanent injunctions and plaintiffs are not waiving or relinquishing any claims they may have with respect to enforcement and/or any future failure to comply with these orders All of the defendants counterclaims, including all claims for declaratory relief, damages, attorneys fees and costs, are dismissed with prejudice. Ordered by Senior Judge Lyle E. Strom. (MKR)

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