Dickey's Barbecue Pit, Inc. et al v. Celebrated Affairs Catering, Inc. et al
| Dickey's Barbecue Pit, Inc. and Dickey's Barbecue Restaurants, Inc. |
| Celebrated Affairs Catering, Inc., David Wirth and Pamela Wirth |
| 4:2017cv00127 |
| February 20, 2017 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Grayson |
| Amos L. Mazzant |
| Franchise |
| 15 U.S.C. ยง 1051 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER - Pending before the Court is Plaintiffs' First Amended Application for Temporary and Preliminary Injunctive Relief (Dkt. 11 ). After considering the complaint, the application, and the arguments of counsel, the Co urt finds the motion should be granted. It is further ORDERED that unless terminated earlier, this preliminary injunction shall expire upon the issuance of a final decision by the Court in this case. Signed by Judge Amos L. Mazzant, III on 3/22/2017. (baf, )
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Filing
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MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Plaintiffs' First Amended Application for Temporary and Preliminary Injunctive Relief (Dkt. 11 ) is hereby GRANTED. It is further ORDERED that Defendants Celebrated Affairs Catering, Inc., David Wirth, and Pamela Wirth, their agents, servants, employees, officers, associates, attorneys, and those in active concert or participation with Defendants, are hereby RESTRAINED from: (1) manufacturing, importing, advertising, marketing, promoting, supplying, distributing, offering for sale, or selling any products which bear the Dickeys trademarks or any marks/designs identical thereto, substantially indistinguishable from, substantially similar thereto, or confusingly similar the reto;(2) engaging in any other activity that will dilute the distinctiveness of the Dickey's trademarks; (3) committing any other act which falsely represents or has the effect of falsely representing that the goods and services of Defendants a re licensed by, authorized by, offered by, produced by, sponsored by, endorsed by, or in any other way associated with Dickey's Barbecue Pit, Inc. or Dickey's Barbecue Restaurants, Inc.; and (4) from using, disposing of, alienating or d oing or failing to do anything that would affect (a) the delivery to Dickeys Barbecue Restaurants, Inc. for destruction or other disposition all remaining inventory of the Dickey's Barbecue Restaurants, Inc. stores Defendants operated, or oth er merchandise bearing the Dickey's trademarks, or any marks confusingly or substantially similar thereto, including all advertisements, promotional and marketing materials therefore, as well as means of making same including signs; and (b) th e preservation of the equipment, furniture, and fixtures at the Dickey's Barbecue Restaurants, Inc. stores operated by Defendants. It is further ORDERED that Defendants Celebrated Affairs Catering, Inc., David Wirth, and Pamela Wirth, their agents, servants, employees, officers, associates, attorneys, and those in active concert or participation with Defendants: (1) Deliver to Plaintiffs for destruction or other disposition all remaining inventory of Defendants' restaurants, or ot her merchandise bearing the Dickey Pit's trademarks, Dickey's Restaurants' system, or any marks confusingly or substantially similar thereto, including all advertisements, promotional and marketing materials therefore, as well as the means of making these items, including signs;(2) To supply Plaintiffs a list of all downstream purchasers of the product from Defendants' restaurants and provide all documents, including correspondence, invoices, and receipts, related to Defend ants purchase of the product for Defendants' restaurants; (3) To file with this Court and serve on Plaintiffs within ten (10) days after entry of the injunction a report in writing, under oath setting forth in detail the manner and form in whic h Defendants have complied with the injunction; and (4) To submit an accounting to Plaintiffs of all of Defendants' gains, profits, and advantages derived from the unauthorized use of Plaintiffs' trademarks, if any. It is further ORDERED t hat this temporary restraining order shall not be effective unless and until Plaintiffs have filed an appropriate bond or cash deposit in lieu thereof in the amount of $500. It is further ORDERED that the hearing on Plaintiff's request for a Preliminary Injunction is set for Tuesday, March 21, 2017 at 12:00 p.m. at the Paul Brown United States Courthouse, 101 E. Pecan Street, Sherman, Texas, 75090. This order will expire on the 20th day of March, 2017, unless extended by order of the Court. Signed by Judge Amos L. Mazzant, III on 3/6/2017. (baf, )
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