Guishan, Inc. et al v. Faith Ice, Inc. et al

Plaintiff: Guishan, Inc. and Mister Softee, Inc.
Defendant: Faith Ice, Inc., Petes Ice Cream Truck Rental Corp., Tommy Dalageorgos, Demetrius Konstantakakos, Best Ice, Inc., George L. Adekoya, Juan Jaramillo, Piedad M. Arevalo, Shyne Rims Creamy, Inc. and Flints Rubble, Inc.
Case Number: 1:2008cv02407
Filed: June 16, 2008
Court: New York Eastern District Court
Office: Trademark Office
County: Kings
Presiding Judge: Dora Lizette Irizarry
Referring Judge: Robert M. Levy
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 15:1051 Trademark Infringement

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Date Filed#Document Text
March 22, 2010 34 Opinion or Order of the Court ORDER ADOPTING IN PART, MODIFYING IN PART AND REJECTING IN PART 30 Report and Recommendations; AND GRANTING 18 Motion for Default Judgment -- On August 28, 2009, Judge Levy issued a Report and Recommendation ("R&R") wherein he recommend ed that the court grant plaintiffs' request for a permanent injunction against certain defendants but not others and that the court award attorneys' fees and costs to plaintiffs. Plaintiffs objected to certain portions of the R & R. For th e reasons set forth in the ATTACHED WRITTEN ORDER the R&R is adopted in part, modified in part, and rejected in part. Accordingly, the court hereby ORDERS as follows: 1 Defendants Faith, Petes, Dalageorgos, Best, Arevalo, Konstantakakos and Shyne ( "enjoined defendants") and their agents, employees and any person acting in concert with them are PERMANENTLY ENJOINED from using Mister Softee's proprietary trademarks, trade names and trade dress or any colorable imitation thereof in any manner whatsoever; 2 Enjoined defendants shall, within ten (10) days from the date hereof: (a) paint the blue portion of their infringing ice cream trucks ("trucks") a color other than blue; (b) remove the name "Mister Softee&quo t; and any of Mister Softee's trademarks from the trucks and immediately and permanently cease doing business as "Mister Softee" or and derivative thereof; and (c) deliver to, or submit evidence satisfactory to plaintiffs of the destru ction of all labels, signs, prints, packages, wrappers, receptacles and advertisements in defendants possession, custody or control bearing the word and/or symbol that is the subject of the trademark or trade name violation or any reproduction, count erfeit, copy, or colorable imitation thereof, and all plates, molds, matrices, and other means of making the same pursuant to 15 U.S.C. § 1118; 3 Plaintiffs are entitled to a total award of attorney's fees and costs in the amount of $ 24,950.03. Enjoined defendants are jointly and severally liable for this award; 4 Pursuant to 15 U.S.C. § 1116(a), enjoined defendants are directed to file with this court and serve on plaintiffs, within thirty (30) days after the service on enjoined defendants of this Order, a report in writing under oath setting forth in detail the manner and form in which the enjoined defendants have complied with this Order. Plaintiffs are directed to serve a copy of this Electronic Order and the At tached Written ORDER ADOPTING R&R IN PART, MODIFYING IN PART, & REJECTING IN PART on enjoined defendants and to promptly file proof of service with the court via ECF. The Clerk of the Court is directed to close this case and to enter judgment. SO ORDERED by Judge Dora Lizette Irizarry on 3/22/2010. (Irizarry, Dora)
September 2, 2009 30 Opinion or Order of the Court REPORT AND RECOMMENDATION: By order dated November 12, 2008, the Hon. Dora L. Irizarry, United States District Judge, referred this matter to me for a Report and Recommendation on plaintiffs' motion for default judgments, injunctive relief, and attorney's fees and costs. I respectfully recommend: (1) plaintiffs' request for a permanent injunction be granted with respect to defendants Faith Ice, Inc., Petes Ice Cream Truck Rental Corp., Tommy Dalageorgos, Best Ice, Inc., and Pieda d M. Arevalo and denied with respect to defendants Konstantakakos, Jaramillo, and Shyne Rims Creamy, Inc.; (2) defendants Faith Ice, Inc., Petes Ice Cream Truck Rental Corp., Tommy Dalageorgos, Best Ice, Inc., and Piedad M. Arevalo be held jointly an d severally liable for attorney's fees to Einbinder & Dunn, LLC in the amount of $1,876.25 and to Fisher Zucker, LLC in the amount of $4,649.55; (3) defendants Faith Ice, Inc., Petes Ice Cream Truck Rental Corp., Tommy Dalageorgos, Bes t Ice, Inc., and Piedad M. Arevalo be held jointly and severally liable for $748.18 in costs to Fisher Zucker, LLC; and (4) defendants Konstantakakos, Jaramillo, and Shyne Rims Creamy, Inc. be ordered to pay Fisher Zucker, LLC $149.64 each in costs. Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with courtesy copies to Judge Irizarry and to my chambers, within ten (10) business days. Failure to file objections within the specified time waives the right to appeal the District Court's order. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e). Ordered by Magistrate Judge Robert M. Levy on 8/28/09. SEE ATTACHED REPORT & RECOMMENDATION FOR DETAILS. (Marino, Janine)
March 19, 2009 29 Opinion or Order of the Court ORDER denying 28 Motion for Reconsideration -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, plaintiffs' ex parte Motion for Reconsideration of Judge Ross' oral Order denying plaintiffs' ex parte Seizure Motion is denied. SO ORDERED by Judge Dora Lizette Irizarry on 3/19/2009. (Irizarry, Dora)

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Search for this case: Guishan, Inc. et al v. Faith Ice, Inc. et al
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Plaintiff: Guishan, Inc.
Represented By: Michael Einbinder
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Plaintiff: Mister Softee, Inc.
Represented By: Michael Einbinder
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Defendant: Faith Ice, Inc.
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Defendant: Petes Ice Cream Truck Rental Corp.
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Defendant: Tommy Dalageorgos
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Defendant: Demetrius Konstantakakos
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Defendant: Best Ice, Inc.
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Defendant: George L. Adekoya
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Defendant: Juan Jaramillo
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Defendant: Piedad M. Arevalo
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Defendant: Shyne Rims Creamy, Inc.
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Defendant: Flints Rubble, Inc.
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