United States District Court, D. Nebraska
ORDER APPROVING STIPULATED PERMANENT
F. ROSSITER, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on a Joint Motion for Entry of
Stipulated Permanent Injunction (Filing No. 32) filed by
plaintiff Meineke Franchisor SPV, LLC
(“Meineke”), and defendants CALM 3322, Inc., CALM
4839, Inc., Charles Olson, Midtown Automotive Service and
Exhaust, Inc., and Elite Automotive Service and Exhaust, Inc.
(collectively, “defendants”). Having carefully
reviewed this motion and the record in this case, and in
accordance with the parties' stipulations, the Court
finds as follows:
Meineke filed this action seeking a Preliminary Injunction
(Filing No. 8) to enjoin the defendants from (1) operating
two automotive maintenance and repair centers (“repair
centers”) from the locations where they previously
operated two Meineke repair centers, in violation of their
written agreements not to compete with Meineke, and (2)
continuing to use Meineke's confidential and proprietary
materials, trade dress, and telephone numbers.
Meineke franchises its repair centers, and the defendants are
two former Meineke franchisees, the individual owner and
operator of the former franchisees, and their affiliated
Permanent injunctive relief is warranted under Federal Rule
of Civil Procedure 65 against the defendants, jointly and
severally, their agents, servants, employees, attorneys, and
all persons in active concert or participation with them who
receive actual notice of this injunction by personal service
or otherwise (“enjoined parties”).
enjoined parties are:
A. Enjoined from owning, operating, or participating in,
directly or indirectly, repair centers (1) at the addresses
of 4389 North 90th Street in Omaha, Nebraska, 68134, and 3322
Leavenworth Street in Omaha, Nebraska, 68105 (collectively,
“Centers”), (2) within a six-mile radius of the
Centers, or (3) within a six-mile radius of any Meineke
franchise location in existence as of November 30, 2018, for
a period of two years beginning on November 30, 2018.
B. Enjoined from advertising, displaying, distributing,
promoting, selling, or using any product or service bearing
any of Meineke's distinctive color schemes, logos, and
symbols, including its trademarks, service marks, and trade
dress to identify the source, origin, and sponsorship of
Meineke's system's facilities and services publicized
throughout the United States, including Meineke's name
and logo “Meineke Car Care Center, ” registered
with the U.S. Patent and Trademark Office at Numbers
78705702, 78705286, 78437010, and 76563372 (the
“Meineke Marks”) or any colorable intimation
C. Enjoined from displaying or using any of the Meineke Marks
to advertise, identify, promote, or sell any product or
service or any of their businesses.
D. Enjoined from directly or indirectly making or allowing to
be made any statement or representation or performing any act
likely to lead the public to believe the defendants, their
business operations, or their products and services are
directly or indirectly associated with, affiliated with,
connected to, licensed by, sponsored by, authorized by, or
approved by Meineke.
E. Directed to recall and deliver to Meineke all advertising,
promotional products, displays, point of purchase materials,
signs, banners, labeling, packaging, and all other products
which bear or reference any of the Meineke Marks or any
colorable intimation thereof.
F. Directed to immediately notify the telephone company and
all telephone-directory publishers of the termination of the
defendants' rights to use the telephone numbers (402)
342-6220 and (402) 571-0944 (“telephone
numbers”), transfer defendants' rights to all
regular, classified, and other telephone-directory listings
associated with Meineke, and authorize the transfer of the
telephone numbers to Meineke.
G. Directed to notify in writing each former landlord of the
Centers, that those former landlords have no rights in or to
any trademarks, service marks, trade dress, color scheme, or
other indicia related to the former operation of Meineke
franchises at the Centers and requesting that those former
landlords complete any and all changes, modifications, or
other actions necessary to distinguish the Centers'
premises from their appearance as Meineke franchise locations
within thirty days of the entry of this Order Approving
Stipulated Permanent Injunction (“this Order”).
H. Required to, upon written request by Meineke, file with
the Court and serve upon Meineke a written statement under
oath setting forth in detail the manner in which the
defendants have complied ...