Mister Softee of Queens Inc. et al v. Tsirkos
| Mister Softee Inc., Mister Softee of Queens Inc. and Spabo Ice Cream Corp. |
| Dimitrious Tsirkos |
| 1:2014cv01975 |
| March 20, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| None |
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Filing
203
MEMORANDUM OPINION AND ORDER WITH PERMANENT INJUNCTION re: 178 MOTION for Default Judgment as to Dimitrios Tsirkos. MOTION to Dismiss for Lack of Prosecution . filed by Mister Softee Inc., Spabo Ice Cream Corp., Miste r Softee of Queens Inc. Plaintiffs' motion for default judgment is granted. The Clerk of the Court is directed to enter judgment in favor of MSQ for $101,264.19, plus prejudgment interest of $16,055.23, for a total of $117,319.42. The Clerk of the Court is further directed to enter judgment in favor of Spabo in the amount of $183,600, plus pre-judgment interest of $29,109.40, for a total of $212,709.40. Post-judgment interest shall accrue at the 28 U.S.C. § ; 1961 rate. Defendant is hereby enjoined, through August 1, 2016, from directly or indirectly, owning, maintaining, engaging in, being employed by, lending money to, extending credit to, or having any interest in any other business which operates or licenses businesses featuring primarily the retail sale of ice cream or other frozen confections within Defendant's former territories, to wit as further set forth in this Order. Defendant is permanently enjoined from unlawfully using Plaintiff s' federally registered trademarks or any names or marks confusingly similar to the Plaintiffs' trademarks, including but not limited to the "Master Softee" and "Soft King" marks and trade dress. Plaintiffs' motion to dismiss Defendant's counterclaims is granted, and Plaintiffs' motion for reasonable attorneys fees and costs is granted. Plaintiffs must make their application for an award of fees and costs, supported by evidence, in accordance with F ederal Rule of Civil Procedure 54(d), within 30 days. The Clerk of the Court is requested to enter judgment accordingly and close this case. This Memorandum Opinion and Order with Permanent Injunction resolves docket entry number 178. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 11/23/2015) (spo)
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Filing
77
MEMORANDUM ORDER. For the reasons in this Memorandum Order, the Court finds that Defendant is in civil contempt of the Preliiminary Injunction Order. Defendant must immediately comply fully with all of the provisions of that Order. Plaintiffs are her eby awarded Defendant's profits from his sales activity in violation of the Preliminary Injunction Order. Defendant must, within seven (7) days of the date of this Order, produce to Plaintiffs' counsel all records of all retail ice cream sa les by Plaintiff, his controlled entities, employees, agents and persons working in concert with him, in any and all geographic areas covered by the Preliminary Injunction Order, and all such sales from any truck decorated with the "Master Softe e" or similar trade dress incorporating elements of the Mister Softee trade dress in any geographic area, since June 6, 2014, and as further set forth in this Memorandum Order. Granting 55 Motion for Contempt. (Signed by Judge Laura Taylor Swain on 7/2/2014) (rjm)
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Filing
51
MEMORANDUM OPINION: For the foregoing reasons, Plaintiffs' motion for preliminary injunction is granted in part. A separate Preliminary Injunction Order will be entered. (Signed by Judge Laura Taylor Swain on 6/5/2014) (lmb) Modified on 6/5/2014 (lmb).
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