Elawyers Elawyers
Ohio| Change

American Dairy Queen Corporation v. ASARA 12458, LLC, 2:18-CV-00066-MJP. (2018)

Court: District Court, D. Washington Number: infdco20180424752 Visitors: 9
Filed: Apr. 17, 2018
Latest Update: Apr. 17, 2018
Summary: ORDER GRANTING JOINT MOTION TO ENTER PERMANENT INJUNCTION BY CONSENT MARSHA J. PECHMAN , District Judge . Based upon Plaintiff and Defendants' Joint Motion to Enter Permanent Injunction By Consent, IT IS HEREBY ORDERED that Defendants ASARA 12458, LLC and Rizwan Dhanani (collectively "Defendants") together with their agents, servants, employees, attorneys, and those persons acting in concert or participation with them, shall: 1. Immediately remove or obliterate all signage, displays, photo
More

ORDER GRANTING JOINT MOTION TO ENTER PERMANENT INJUNCTION BY CONSENT

Based upon Plaintiff and Defendants' Joint Motion to Enter Permanent Injunction By Consent, IT IS HEREBY ORDERED that Defendants ASARA 12458, LLC and Rizwan Dhanani (collectively "Defendants") together with their agents, servants, employees, attorneys, and those persons acting in concert or participation with them, shall:

1. Immediately remove or obliterate all signage, displays, photos or other materials that bear any and all DAIRY QUEEN® and DQ GRILL & CHILL® trademarks, trade names, and numerous other trademarks and service marks that are licensed for use in DAIRY QUEEN® and DQ GRILL & CHILL® restaurants (collectively the "DAIRY QUEEN® Marks");

2. Immediately remove all DAIRY QUEEN® Marks, signs, insignia, proprietary products, point of sale materials provided by Plaintiff or bearing the DAIRY QUEEN® Marks, promotional or advertising materials provided by Plaintiff or bearing the DAIRY QUEEN® Marks, and proprietary ingredients from their former DQ GRILL & CHILL® restaurant located at 220 15 Avenue N.E., Auburn, Washington 98002 ("Restaurant");

3. Immediately alter the appearance of the Restaurant so as to differentiate the restaurant unmistakably from duly licensed restaurants and stores identified by the DAIRY QUEEN® Marks;

4. Immediately cease and desist from holding themselves out to the public as a DAIRY QUEEN® franchisee and/or operating the Restaurant with a name that is deceptively similar to any of the trademarks, trade names and service marks of ADQ;

5. Immediately cease and desist from selling or using product names that are the same or similar to ADQ's trademarked products;

6. Immediately cease and desist from selling or otherwise disposing of any trademarked or copyrighted materials to any third-party that is not an approved DAIRY QUEEN® franchisee or warehouse;

7. Immediately cease and desist from using the DAIRY QUEEN® Marks in a derogatory, negative or inappropriate matter;

8. Immediately return to ADQ all copies of manual and product preparation materials; and

9. File with the Court and serve on ADQ's counsel, within fourteen (14) days from the date of this Order, (a) photographic evidence and (b) a report in writing and under oath setting forth in detail the manner and form in which Defendants have complied with this order for permanent injunction.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer