Dunkin' Donuts Franchised Restaurants LLC et al v. Wometco Donas Inc. et al
| DD IP Holder LLC and Dunkin' Donuts Franchised Restaurants LLC |
| Wometco de Puerto Rico, Inc. and Wometco Donas Inc. |
| 1:2014cv10162 |
| January 23, 2014 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| Nathaniel M. Gorton |
| Franchise |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
51
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, Dunkin' Donuts' motion for a preliminary injunction (Docket No. 13 ) is ALLOWED, Dunkin' Donuts' motion for leave to file an amende d complaint (Docket No. 39 ) is ALLOWED and Dunkin' Donuts' motion to enjoin Wometco de Puerto Rico from prosecuting a duplicative action in the District of Puerto Rico (Docket No. 40 ) is ALLOWED."PRELIMINARY INJUNCTION"It is hereby ORDERED, ADJUDGED AND DECREED that, beginning from the date of this order until the conclusion of the trial in this action, unless otherwise ordered by the Court:1. Wometco de Puerto Rico and Wometco Donas and all those acting in concert with them or under their direction or control: a) are enjoined from using, displaying or otherwise infringing upon the trademarks, trade name and trade dress of Dunkin' Donuts and from committing acts of infringement and unfair competition against D unkin' Donuts in violation of the Lanham Act, b) shall cease all infringing activities by no later than 12:00 P.M. on Friday, September 26, 2014, and c) shall immediately comply with all of their post-termination obligations under the 2001 Multi ple Unit Development and Franchise Agreement and its 2003 and 2011 amendments; 2. Wometco de Puerto Rico and Wometco Donas shall file with this Court and serve upon Dunkin' Donuts on or before Friday, October 10, 2014, a report in writing settin g forth the manner and form in which they have complied with the injunction;3. Pursuant to Fed. R. Civ. P. 65(c), Dunkin' Donuts shall post a security bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000) as soon as reasonably practicable after entry of this Order but in any event no later than close of business Friday, September 19, 2014; and 4. Wometco de Puerto Rico is enjoined from further prosecution of Civil Action No. 14-cv-01172-CCC in the United States District Court for the District of Puerto Rico without a further order from this Court.So ordered." Please see order for further details. (Moore, Kellyann)
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