Probar, LLC v. Onebody et al
| Probar, LLC |
| ABC Companies, Jane Does, Various John Does and Onebody |
| 2:2014cv00166 |
| March 21, 2014 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| XX US, Outside State |
| Sheri Polster Chappell |
| Carol Mirando |
| Trademark |
| 15 U.S.C. ยง 1125 |
| None |
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Filing
18
ORDER granting 16 The Plaintiff, Probar, LLC's Renewed Unopposed Motion for Entry of Final Judgment and Permanent Injunction. Defendants, together with their officers, directors, principals, agents, servants, employees, successors, assigns, attorneys, and all those persons in active concert or participation with Defendants shall cease use of (1) the term PROBAR, (2) any of Plaintiff's Marks and shall hereafter be prohibited from and shall refrain from any and all of the following: a. any and all use and/or claim of ownership of the term "PROBAR" and/or any other reproduction, counterfeit, copy, colorable imitation, or confusingly similar terms or marks, in or on any advertising, slogan, website, online ad, interne t domain name, packaging, promotional material, promotional communication, signs, tags and/or printed electronic matter, or in any other form or means of use; b. any act, or failure to act, in connection with the term "PROBAR", or any othe r confusingly similar terms, which is intended to cause confusion, or cause mistake, or to deceive as to the affiliation, connection, or association of Defendants with Plaintiff, or as to the origin, sponsorship, or approval of Defendants' goods , services, or commercial activities, or causing injury to Plaintiff's business reputation, or dilution of the distinctiveness of Plaintiff's Marks set forth herein, or to Plaintiff's forms of advertisement; c. purchasing or using any forms of advertising including keywords or "adwords" in internet advertising containing any mark incorporating Plaintiff's Marks in text, or any confusingly similar marks, and shall, when purchasing internet advertising using keywords , adwords or the like, require the activation of the term "PROBAR" as negative keywords or negative adwords1 in any internet advertising purchased or used; d. directly or indirectly falsely designating or representing that any of Defendan ts' goods or services are authorized, approved, associated with, or originating from Plaintiff; e. publishing, assembling, marketing, distributing, or otherwise utilizing for commercial or beneficial gain, any literature, business forms, advert isements, signs, or other representations regardless of the medium, which contain the terms, "PROBAR" or any other confusingly similar terms; and f. making any false or misleading statements of fact, false or misleading descriptions, or fa lsely characterizing the origin of any goods and services, and from suggesting any affiliation with, or sponsorship by, Plaintiff. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions and close the file. Signed by Judge Sheri Polster Chappell on 10/29/2014. (LMF)
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Filing
10
ORDER re 9 Response to order to show cause filed by Probar, LLC. The Plaintiff, Probar, LLC's Response to the Court's Order to Show Cause and Motion for an Extension of Time to Effect Service of Process is 9 is GRANTED. Probar has up to and including October 27, 2014, to effect service of process on the Defendant. No further action is required by the Plaintiff, Probar, LLC on the Order to Show Cause. Signed by Judge Sheri Polster Chappell on 8/27/2014. (LMF)
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Filing
8
ORDER. The Plaintiff Probar, LLC shall SHOW CAUSE in writing on or before August 29, 2014, why it has not effectuated service of process on the Defendants. Failure to comply with this Order will result in the case being dismissed for failure to effect service without further notice. Signed by Judge Sheri Polster Chappell on 8/21/2014. (LMF)
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