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THERMASTEEL SYSTEMS SOUTHEAST, LLC v. BAKER, 2:10-CV-1205-RDP. (2012)

Court: District Court, N.D. Alabama Number: infdco20120611409 Visitors: 3
Filed: Jun. 08, 2012
Latest Update: Jun. 08, 2012
Summary: ORDER R. DAVID PROCTOR, District Judge. On May 4, 2012, the Magistrate Judge entered a Report and Recommendation, recommending that Plaintiff's Motion for damages, costs, fees, and injunctive relief (Doc. # 21) be granted. Neither party filed objections, and Defendants have yet to appear in this action. After careful consideration of the record in this case and the Magistrate Judge's Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge and ACCEPTS his Rec
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ORDER

R. DAVID PROCTOR, District Judge.

On May 4, 2012, the Magistrate Judge entered a Report and Recommendation, recommending that Plaintiff's Motion for damages, costs, fees, and injunctive relief (Doc. # 21) be granted. Neither party filed objections, and Defendants have yet to appear in this action.

After careful consideration of the record in this case and the Magistrate Judge's Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge and ACCEPTS his Recommendations.

Accordingly, it is hereby ORDERED as follows:

1. Plaintiff's requests for damages, costs, fees, and injunctive relief in their Motion (Doc. # 21) are GRANTED. However, the Motion in its entirety is DENIED IN PART, as the court declines to order Defendants to destroy all printed materials within their possession or control that contain Plaintiff's mark and to direct Defendants to certify compliance with this direction.

2. Defendants are ORDERED to pay Plaintiff costs in the amount of $350.00 and attorney's fees in the amount of $10,037.00.

3. The injunction previously entered by the court (Doc. # 18) is INCORPORATED into this order. Defendants are enjoined from using the Thermagreen mark, or a confusingly similar variant thereof, and from otherwise infringing Plaintiff's right to the Thermagreen mark, including the right to sell and offer for sale products bearing the Thermagreen mark.

4. Final Judgment is ENTERED in favor of Plaintiff and against Defendants and this case is DISMISSED.

5. The court RETAINS jurisdiction to oversee and ensure enforcement of the injunction.

The Clerk of the Court is DIRECTED to serve a copy of this order upon Mr. Theodore Baker, 1125 Norwich Circle, Atlanta, GA 30324 and ThermaGreen Steel Structures, LLC, c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE 19958.

DONE and ORDERED.

Source:  Leagle

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