Harley-Davidson Motor Company et al v. Elworth's Harley-Davidson Sales & Service et al
8:2010cv00086 |
March 2, 2010 |
US District Court for the District of Nebraska |
8 Omaha Office |
Lyle E. Strom |
Thomas D. Thalken |
Trademark |
15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
Defendant |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 44 ORDER FOR PERMANENT INJUNCTION AND DISMISSAL- Upon the 43 Stipulation for Dismissal by the parties, and the entire record in this action, and for good cause shown: Defendants and their employees, agents, partners, officers, directors, owners, share holders, principals, subsidiaries and related companies, and all persons in active concert or participation with any of them, are permanently enjoined and restrained from: (a) using the Harley-Davidson Trademarks, including the Harley-Davidson name a nd Bar & Shield Logo, and any other trademarks and logos that are confusingly similar to or dilutive of those marks, in any unauthorized manner including, but not limited to, on indoor and outdoor signage, banners, flags, floor mats, decals, advertis ing and promotional materials, posters, displays, fixtures, business cards, letterhead, stationery, forms, clothing and apparel, websites, and trailers, as business 1228143.1 names, as domain names, as e-mail addresses, as URLs, as metatags, or as an y other identifiers; and, (b) from representing by any means whatsoever, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants, are associated or connected in any way with plaintiffs, including continuing to represent or imply that either defendant is an authorized Harley-Davidson dealer. No bond shall be necessary in connection with the entry of this permanent injunction, and it shall no longer be necessary for plaint iffs to maintain the security bond posted in connection with the issuance of the preliminary injunction in this matter. The remainder of plaintiffs complaint, including plaintiffs claims for damages, attorneys fees and costs, is dismissed with prejud ice, except that this court shall retain jurisdiction to enforce its preliminary and permanent injunctions and plaintiffs are not waiving or relinquishing any claims they may have with respect to enforcement and/or any future failure to comply with these orders All of the defendants counterclaims, including all claims for declaratory relief, damages, attorneys fees and costs, are dismissed with prejudice. Ordered by Senior Judge Lyle E. Strom. (MKR) |
Filing 42 ORDER TO SHOW CAUSE - The defendants shall show cause at thepreviously set May 27, 2010, scheduling conference (see Filing 41 ) as to why plaintiffs' motion for contempt should not be granted. Show Cause Deadline set for 5/27/2010.Ordered by Senior Judge Lyle E. Strom. (MKR) |
Filing 41 ORDER - Scheduling Conference set for 5/27/2010 09:00 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL) |
Filing 34 PRELIMINARY INJUNCTION pursuant to the Memorandum Opinion 33 entered herein this date, Plaintiffs motion for a preliminary injunction 6 is granted; Subject to plaintiffs posting the bond, defendants, their employees, agents, partners, officers, d irectors, owners, shareholders, principals, subsidiaries, related companies, and all person in active concert or participation with any of them are preliminarily enjoined and restrained from using the Harley- Davidson Trademarks, and any other tradem arks and logos that are confusingly similar to those marks, in any unauthorized manner including, but not limited to, on indoor and outdoor signage, banners, flags, floor mats, decals, advertising and promotional materials, posters, displays, fixture s, business cards, letterhead, stationary, forms, clothing and apparel, websites, and trailers, as business names, as domain names, as e-mail addresses, as URLs, as metatags, or as any other identifiers; and b) from representing by any means whatsoev er, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants are associated or connected in any way with Harley-Davidson, including continuing to represent or imply that Elwor ths is still an authorized Harley-Davidson dealer; Pursuant to Federal Rule of Civil Procedure 65(c), this injunction shall become effective upon plaintiff posting a security bond in the amount of $75,000. Ordered by Senior Judge Lyle E. Strom. (Copies sent to financial)(MKR) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: Harley-Davidson Motor Company et al v. Elworth's Harley-Davidson Sales & Service et al | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.