QFA Royalties LLC et al v. ZT Investments LLC et al
| QFA Royalties LLC and Quiznos Master LLC, The |
| ZT Investments LLC and Thomas Kamau |
| 1:2017cv00507 |
| February 27, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Denver |
| William J. Martinez |
| Michael J. Watanabe |
| Trademark |
| 15 U.S.C. ยง 1114 |
| None |
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Filing
64
ORDER GRANTING SUMMARY JUDGMENT AND TERMINATING CASE. ORDERED: 1.Plaintiffs' Motion for Partial Summary Judgment Against Defendant Thomas Kamau 57 is GRANTED; 2. Plaintiffs' Partial Motion to Dismiss Pursuant to Rule 41(a)(2) 62 is GR ANTED; 3. The Clerk shall enter judgment in favor of Plaintiffs and against Defendant Thomas Kamau in the amount of $216,208.18, with postjudgment interest at the statutory rate until paid. Defendant Kamau's obligation under this judgment is joint and several with Defendant ZT Investments, LLC's obligation under the default judgment entered by this Court on November 17, 2017 54 ; 4. Plaintiffs shall have their costs upon compliance with D.C.COLO.LCivR 54.1; and 5.The Clerk shall terminate this case, by Judge William J. Martinez on 8/28/2018. (dhans, )
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Filing
54
ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT, AND ENTERING PERMANENT INJUNCTION.ORDERED: 1. Plaintiffs' Default Judgment Motion 31 is GRANTED IN PART and DENIED IN PART. 2.The Clerk shall enter default judgment in fa vor of Plaintiffs against Defendant ZT Investments, LLC, in the amount of $216,208.18, with postjudgment interest as provided by statute; and 3. Defendant ZT Investments, LLC, and its officers, agents, servants, employees, attorneys, and any su ccessors (together, "Enjoined Parties"), are PERMANENTLY ENJOINED as follows: a. The Enjoined Parties may not i. Use any of the Quiznos marks and trade dress, or any trademark, service mark, logo, trade name, or elements of design and dec or that is/are confusingly similar to the Quiznos marks and trade dress; ii. Otherwise infringe the Quiznos marks or trade dress using any similar designation, alone or in combination with any other components, or any other similar design or deco r, alone or in combination with other components; iii. Pass off any products or services as those of authorized Quiznos franchisees or as genuine Quiznos products or services; and iv. Represent themselves (or any one of them) through any medium of communication to be a Quiznos franchisee or otherwise affiliated with Quiznos; b. No later than December 15, 2017, Defendant ZT Investments, LLC, must i. Return to Plaintiffs all proprietary and confidential information and material, including, w ithout limitation, Quiznos proprietary operations manual; ii. Cease to use or disclose Plaintiffs' proprietary and confidential information, including any of the information constituting Quiznos licensed methods; and iii. Inform all teleph one directories that the restaurant formerly operated as a Quiznos franchise by ZT Investments, LLC, is no longer a Quiznos franchise, and direct that the telephone directories be updated accordingly. 4. Should Plaintiffs form a good faith belief that ZT Investments, LLC, is in contempt of the foregoing injunction, Plaintiffs shall not file for any form of relief in this Court without (a) giving written notice to ZT Investments, LLC, of the ways in which Plaintiffs believe it to be in contem pt; (b) explaining, in that same written notice, the actions that ZT Investments, LLC, must take to satisfy Plaintiffs that it is no longer in contempt; and (c) allowing ZT Investments, LLC, a minimum of 30 days to comply; 5. Defendant Kamau 's "request for dismissing this case without prejudice against ZT Investment[s] and Thomas Kamau" 53 is DENIED as to Kamau and STRICKEN as to ZT Investments, LLC; and 6. The Clerk, in addition to mailing a copy of this order to Kamau, shall mail a copy of ECF No. 52, by Judge William J. Martinez on 11/17/2017. (dhans, )
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