TMC Franchise Corporation v. Millennium Vision LLC et al

Plaintiff: TMC Franchise Corporation
Defendant: Millennium Vision LLC and Nastaran Eghtesad
Case Number: 2:2010cv02423
Filed: November 9, 2010
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: David G Campbell
Nature of Suit: Trademark
Cause of Action: 15:1125
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
February 13, 2012 70 Opinion or Order of the Court 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)
May 25, 2011 44 Opinion or Order of the Court 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)
January 7, 2011 27 Opinion or Order of the Court 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)
December 17, 2010 19 Opinion or Order of the Court 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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Plaintiff: TMC Franchise Corporation
Represented By: Kerry L Bundy
Represented By: Brian William Purcell
Represented By: Robert Thomas Aquinas Sullivan
Represented By: Myriam Pierre Warren
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Defendant: Millennium Vision LLC
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Defendant: Nastaran Eghtesad
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