Curves International, Inc. v. Schrivener Nash et al
| Curves International, Inc. |
| Veronica Schrivener Nash and NV Fitness |
| 5:2011cv00425 |
| April 15, 2011 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Tompkins |
| Lawrence E. Kahn |
| George H. Lowe |
| Franchise |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
20
MEMORANDUM-DECISION and ORDERED, that Plaintiffs request for attorneys fees and costs is GRANTED; and it is further ORDERED, that Plaintiff is awarded a total of $8,230.24 in accordance with this Decision. Signed by Senior Judge Lawrence E. Kahn on July 25, 2013. (sas)
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Filing
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DECISION and ORDERED, that Plaintiffs Motion for default judgment (Dkt. No. 9) is GRANTED in part; and it is further ORDERED, that Defendants are enjoined from continuing to operate a fitness center using and/or displaying Curves registered marks wit hout Curves consent; and it is further ORDERED, that Defendants are enjoined from using the Curves trademark or any confusingly similar name, device, mark, service mark, trademark, trade name, slogan or symbol used in connection with the Curves Franc hise, including any production, counterfeit copy, variation, emulation, or colorable imitation thereof which is likely to cause confusion or mistake or deceive the public; and it is further ORDERED, that Defendants return to Curves, at Defendants exp ense, all printed material furnished to them by Plaintiff, including, without limitation, all Curves manuals, advertising material, stationery, and printed forms and all other matters relating to the operation of the Curves franchise and/or bearing t he Curves trademark; and it is further ORDERED, that Nash is enjoined from owning, maintaining, engaging in, or having any interest in any other business which sells any products similar to those sold as part of the Curves franchise system within for ty (40) miles of Nashs approved location for a period of three (3) years following the date on which Nash and NV Fitness cease operating; and it is further ORDERED, that Nash is enjoined from employing or seeking to employ any person who is employed by Curves or any other Curves franchisee, or otherwise induce or seek to induce such person to leave his or her employment; and it is further ORDERED, that Defendants are enjoined from using any confidential information from Curves manuals or system in any similar business to that licensed and established under and pursuant to the franchise agreement and/or termination agreement; and it is further ORDERED, that Defendants are enjoined from diverting or attempting to divert any customer or busine ss from Curves or any other franchisee or solicit or endeavor to obtain the business of any person who shall have been a customer of a franchisees facility; and it is further ORDERED, that the Court shall consider issuing an award of damages and/or a ttorneys fees only if, within thirty (30) days of the filing of this Order, Plaintiff submits affidavits and documentary evidence substantiating such an award. If Plaintiff submits such evidence, Defendants must file any response withing thirty (30) days of Plaintiffs filing. Signed by Senior Judge Lawrence E. Kahn on March 09, 2012. (sas)
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