Cornwell Quality Tools Co. v. Murphy
Plaintiff: Cornwell Quality Tools Co.
Defendant: Daniel J. Murphy
Case Number: 1:2019cv02749
Filed: June 17, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Michael L Brown
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Clerk's Certificate of Mailing as to Daniel J. Murphy re #10 Order, #11 Clerk's Judgment. (dob)
July 1, 2019 Filing 12 AO Form 120 forwarded to Commissioner. (dob)
July 1, 2019 Civil Case Terminated. (dob)
July 1, 2019 Filing 11 CLERK'S JUDGMENT in favor of Cornwell Quality Tools Co. against Daniel J. Murphy. (dob)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
July 1, 2019 Opinion or Order Filing 10 CONSENT DECREE. The evidentiary hearing scheduled for July 8, 2019, is cancelled; Defendant shall within seven (7) days of the date of this Order make arrangements to remove all Cornwell decals and/or other Cornwell trademarks from the truck that he is offering for sale; Defendant is enjoined and restrained from advertising or distributing any products with the Cornwell trademark without Cornwells express permission; Each party shall pay its own court costs; and The Clerk of Court shall enter Final Judgment in Cornwells favor, and close this case. The case may be reopened thirty (30) days following the date of this Order should the Court be advised that Defendant has failed to comply with the terms of the Order. Signed by Judge Michael L. Brown on 7/1/2019. (dob) Modified on 7/1/2019 (dob).
June 26, 2019 Clerk's Certificate of Mailing as to Daniel J. Murphy re #9 Amended Temporary Restraining Order. (bgt)
June 26, 2019 Opinion or Order Filing 9 AMENDED TEMPORARY RESTRAINING ORDER. The Court amends its prior order (Dkt. 8) to address whether Defendant Murphy can sell the truck with Cornwell decals to an authorized Cornwell dealer without Cornwell's consent. Upon reconsideration, the Court concludes Murphy cannot, and he must obtain Cornwell's approval before delivering the truck with Cornwell's trademark. The Court GRANTS Cornwell's Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. 2). Under Federal Rule of Civil Procedure 65 and pending a further hearing on a renewed motion for a preliminary injunction, the Court ENJOINS and RESTRAINS Murphy for a period of fourteen days from distributing or advertising any products with the Cornwell trademark without Cornwells permission. Murphy can sell the truck if he removes the Cornwell trademark. The Court ORDERS that any violation of the terms of this order will be punishable by contempt and other appropriate relief that this Court finds just and proper. The Court sets an evidentiary hearing for July 8, 2019, at 10:00 a.m., to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. At the hearing, the Court will consider whether to convert this temporary restraining order into a preliminary injunction. Signed by Judge Michael L. Brown on 6/26/2019. (bgt)
June 26, 2019 Clerk's Certificate of Mailing as to Daniel J. Murphy re #8 Temporary Restraining Order. (bgt)
June 26, 2019 Opinion or Order Filing 8 TEMPORARY RESTRAINING ORDER. The Court GRANTS Cornwell's Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. #2 ). Under Federal Rule of Civil Procedure 65 and pending a further hearing on a renewed motion for a preliminary injunction, the Court ENJOINS and RESTRAINS Murphy for a period of fourteen days from distributing any products with the Cornwell trademark without Cornwells permission. Murphy can sell the truck if he removes the Cornwell trademark. The Court ORDERS that any violation of the terms of this order will be punishable by contempt and other appropriate relief that this Court finds just and proper. The Court sets an evidentiary hearing for July 8, 2019, at 10:00 a.m., to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. At the hearing, the Court will consider whether to convert this temporary restraining order into a preliminary injunction. Signed by Judge Michael L. Brown on 6/26/2019. (bgt)
June 24, 2019 Filing 6 Minute Entry for proceedings held before Judge Michael L. Brown: Motion Hearing held on 6/24/2019 re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Cornwell Quality Tools Co.. The Court GRANTED Plaintiff's motion.A written order is forthcoming. (Court Reporter Jana B. Colter)(dob)
June 24, 2019 Filing 5 PROPOSED AO 120 . (Attachments: #1 Exhibit Exhibit A)(Lewis, Joyce)
June 24, 2019 Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (jpa)
June 19, 2019 Clerk's Certificate of Mailing as to Daniel J. Murphy re #4 Order Setting Hearing on Motion, #3 Order. (jpa)
June 19, 2019 Opinion or Order Filing 4 ORDER. The Court SETS a hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. #2 ) for June 24, 2019, at 3:00 p.m., to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. Plaintiff shall immediately serve a copy of this order on Defendant. Signed by Judge Michael L. Brown on 6/19/2019. (bgt)
June 18, 2019 Filing 7 Electronic Summons Issued as to Daniel J. Murphy. (jpa)
June 18, 2019 Opinion or Order Filing 3 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/26/2018. (bgt)
June 18, 2019 Submission of #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, to District Judge Michael L. Brown. (jpa)
June 18, 2019 Filing 2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Cornwell Quality Tools Co. (Attachments: #1 Brief in support, #2 Exhibit A)(jpa)
June 17, 2019 Filing 1 COMPLAINT for Injunction, against Trademark infringement, unfair competition, and deceptive trade practices filed by Cornwell Quality Tools Co. (Filing fee $400, receipt number AGANDC-8733910) (Attachments: #1 Civil Cover Sheet)(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Cornwell Quality Tools Co.
Represented By: Joyce Gist Lewis
Represented By: Barclay Hendrix
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Defendant: Daniel J. Murphy
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