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07-2098 - Premium Nutritional Products, Inc v. Ducote et al


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07-2098 - Premium Nutritional Products, Inc v. Ducote et al
July 31, 2007
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CONSENT JUDGMENT AND PERMANENT INJUNCTION. Defendants are enjoined from infringing on plaintiff's marks, from unfair competition with plaintiff, from falsely advertising defendants' goods and from falsely designating the origin of defendants' goods as set forth in this Judgment. Each party to bear its own costs and attorney fees. Signed by Judge Kathryn H. Vratil on 7/31/07.(ls)
January 28, 2008
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ORDER TO SHOW CAUSE. On or before February 11, 2008, defendants shall show cause in writing why the Court should not hold them in contempt of the Consent Judgment And Permanent Injunction 7 filed July 31, 2007. If defendants do not respond, the Court shall proceed to impose sanctions, which may include an accounting, disgorgement of the Ducotes' profits, trebling of those damages, destruction of all marketing materials and packaging that bear the infringing marks, and Premiums attorneys fees and costs in bringing this motion, among others. Signed by Chief Judge Kathryn H. Vratil on 1/28/08. (ls)
May 9, 2008
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MEMORANDUM AND ORDER: Contempt Hearing set for 5/27/2008 at 01:30 PM in Courtroom 476 (KHV) before Chief Judge Kathryn H. Vratil. (Sent regular mail and by certified mail 70062150000031647336 and 70062150000031647329). Signed by Chief Judge Kathryn H. Vratil on 5/9/08.(mm)
July 21, 2008
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MEMORANDUM AND ORDER. IT IS ORDERED that the Court finds defendants in contempt of court for their failure to comply with the Consent Judgment And Permanent Injunction 7 dated July 31, 2007. The Clerk is directed to enter judgment in favor of plaintiff in the amount of $128,390.40. IT IS FURTHER ORDERED that should defendants or any persons acting under their control or direction continue use of ENTREE/ETREE and ZUPREEM marks, or any similar marks, in any manner prohibited by the Consent Judgment 7 after August 4, 2008, then commencing August 5, 2008, Court shall impose a coercive fine in the amount of $1,000.00 per day until defendants demonstrate complete compliance with the consent judgment. Signed by Chief Judge Kathryn H. Vratil on 7/21/08. (ls)