TMC Franchise Corporation v. Millennium Vision LLC et al
| TMC Franchise Corporation |
| Millennium Vision LLC and Nastaran Eghtesad |
| 2:2010cv02423 |
| November 9, 2010 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| David G Campbell |
| Trademark |
| 15 U.S.C. ยง 1125 |
| None |
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Filing
70
ORDER Counsel's motion to withdraw (Doc. 69 ) is granted. The clerk is directed to enter default against Defendants and dismiss the counterclaims. Plaintiff may submit a motion for default judgment and proposed form of judgment requesting the specific amount of damages or injunctive relief sought, supported by appropriate documentation as required by this Court and Ninth Circuit law. Signed by Judge David G Campbell on 2/13/2012.(KMG)
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Filing
44
ORDER denying 33 Motion for Default Judgment; finding as moot 37 Motion to Set Aside Default. Defendants shall answer or otherwise respond to the complaint on or before 6/3/2011. Signed by Judge David G Campbell on 5/25/2011.(NVO)
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Filing
27
PRELIMINARY INJUNCTION - Pla TMC Franchise Corporation's application for a preliminary injunction is granted. Dft Millennium Vision, LLC, its officers, agents, servants, and employees, and those persons in active concert or participation with th em who receive actual notice hereof by personal service or otherwise, are prohibited from using the CIRCLE K trademarks, trade name and trade dress and falsely associating with the CIRCLE K franchise system. Dft Millennium Vision, LLC is required to comply fully with its post termination obligation to de-identify contained in paragraph 12.7(C) of the parties' franchise agreement (Doc. 1-1 at 36). Specifically, Millennium Vision, LLC shall immediately cease using the CIRCLE K Marks or any na me, logo, slogans, or symbols or other designations that might tend to mislead or confuse the public or give the impression that Millennium Visions store, located at 301 E. Bidwell Street, Folsom, California, is associated with Pla TMC Franchise Corp oration's or its CIRCLE K brand. Pla TMC Franchise Corporation's security bond in the amount of $25,000.00 is exonerated. TMC immediately may recover the $25,000 from the Clerks office. Signed by Judge David G Campbell on 1/6/11. (KMG)
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Filing
19
TEMPORARY RESTRAINING ORDER - Pla TMC Franchise Corporation's application for temporary restraining order (Doc. 11) is granted. Pla TMC Franchise Corporation's request that the Court issue a TRO without notice (Doc. 17) is granted pursuant to Rule 65(b)(1). Dft Millennium Vision LLC, its officers, agents, servants, and employees, and those persons in active concert or participation with them who receive actual notice hereof by personal service or otherwise, are prohibited from using th e CIRCLE K trademarks, trade name and trade dress and falsely associating with the CIRCLE K franchise system. Pursuant to Rule 65(c), Plaintiff TMC Franchise Corporation shall promptly post a security bond in the amount of $25,000.00. Pla TMC Fr anchise Corporation and its counsel immediately shall make a good faith and diligent effort to serve a copy of this order on Dfts. This temporary restraining order, unless extended for good cause, expires on December 30, 2010. A preliminary injunction hearing will be held on December 30, 2010 at 2:00 p.m. in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 12/17/10. (NOTE: See Order for full details)(KMG)
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