American Dairy Queen Corporation v. YS&J Enterprises, Inc. et al
Plaintiff: American Dairy Queen Corporation
Defendant: YS&J Enterprises, Inc. and John A. Ribet, III
Case Number: 5:2014cv00151
Filed: March 13, 2014
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: CUMBERLAND
Presiding Judge: W. Earl Britt
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 14, 2014 Opinion or Order Filing 54 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's motion for default judgment is ALLOWED. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that: 1. Plaintiff have and recovers of defendants jointly and severally the amount of $9 401.49 for damages and the amount of $60,035.25 for attorneys' fees, for a total amount of $69,436.74; 2. Defendants and their officers, managers, guarantors, and employees are hereby PERMANENTLY ENJOINED from: a. Using or displaying the DAIRY QUEEN and ORANGE JULIUS trademarks at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, North Carolina 28303; b. Selling or distributing DAIRY QUEEN and ORANGE JULIUS products at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, Nor th Carolina 28303; andc. Operating their store at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, North Carolina 28303 as a DAIRY QUEEN and/or ORANGEJULIUS store. 3. The Clerk disburse to plaintiff (in the care of plaintiff's counsel) the amount of $5000 posted as security for issuance of the preliminary injunction. Signed by Julie A. Richards, Clerk of Court on 8/14/2014. Copy mailed to defendants via US Mail at address on record. (Marsh, K)
June 3, 2014 Opinion or Order Filing 51 ORDER granting 31 Motion for Sanctions. Signed by Senior Judge W. Earl Britt on 6/3/2014. Copy of order mailed to defendants via US Mail at address on record. (Marsh, K)
May 19, 2014 Opinion or Order Filing 40 ORDER granting 28 Motion for Entry of Default. Signed by Julie A. Richards, Clerk of Court on 5/19/2014. (Marsh, K)
April 2, 2014 Opinion or Order Filing 26 ORDER granting 8 Motion for Temporary Restraining Order. Signed by Senior Judge W. Earl Britt on 4/2/2014. (Marsh, K)
March 17, 2014 Opinion or Order Filing 12 ORDER denying 8 Motion for Temporary Restraining Order and holding in ABEYANCE motion for preliminary injunction. Defendants are DIRECTED to file any brief in opposition to the motion and supporting documentation on or before 3/25/2014. Plaintiff may file a reply thereto within five days of service. A hearing on plaintiff's motion for preliminary injunction is SET for 2 April 2014, at 9:00 a.m., Federal Courthouse and Building, Courtroom 2, Seventh Floor, 310 New Bern Avenue, Raleigh, North Carolina. Signed by Senior Judge W. Earl Britt on 3/17/2014. Counsel should read order in its entirety for critical deadlines and information. Copy of order mailed to defendants as directed via US Mail at addresses noted on plaintiff's certificates of service. (Marsh, K)
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Defendant: YS&J Enterprises, Inc.
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Defendant: John A. Ribet, III
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Plaintiff: American Dairy Queen Corporation
Represented By: Isaac Augustin Linnartz
Represented By: Kerry L. Bundy
Represented By: Nick R. Rotchadl
Represented By: Christopher G. Smith
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