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13-192 - Choice Hotels International, Inc. v. Kolath Hotels & Casinos, Inc. et al


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13-192 - Choice Hotels International, Inc. v. Kolath Hotels & Casinos, Inc. et al
January 19, 2016
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MEMORANDUM-DECISION and ORDER - That Choice Hotel's 33 Motion for Entry of Default is GRANTED IN PART and DENIED IN PART as indicated below: ORDERED that Kolath Hotels, including its agents, servants, employees, representatives, subsidiaries, successors, and assigns, is hereby PERMANENTLY ENJOINED from using any of the marks in the Quality family of marks, including the marks appearing in trademark registration numbers 886,881; 1,050,372; 1,183,294; 1,534,820; 1,699,581; 1,769,488; 2,729,999; 2,732,875; 2,946,054; 3,053,888; 3,448,436; 3,448,437; 3,435,885; 3,569,789; 3,837,912, or any mark confusingly similary thereto. ORDERED that Kolath Hotels shall, within thirty (30) days of the date of this memorandum-decision and order, file with the court and serve on Choice Hotels a report in writing under oath setting forth in detail the manner and form in which it has complied with the injunction. ORDERED that Kolath Hotels shall, within sixty (60) days of the date of this memorandum-decision and order, deliver to Choice Hotels' counsel documentation showing all profits received as a result of its infringing activity. ORDERED that Choice Hotels' council shall file, within thirty (30) days of the date of receipt of Kolath Hotels' documentation showing all profits received as a result of its infringing activity, briefing papers with calculations of an award of damages, attorney's fees, and costs under 15 U.S.C. 1117(a). ORDERED that Choice Hotels' request that Kolath Hotels be ordered to deliver Choice Hotels for destruction materials in its possession bearing any of the marks in the Quality family of marks is DENIED WITHOUT PREJUDICE. ORDERED that Choice Hotels and George shall, within seven (7) days of the date of this order, advise the court of their positions on the need for an adjournment in light of this Memorandum-Decision and Order, or whether they request to withdraw their stipulation of adjournment (Dkt. No. 38). Signed by Senior Judge Gary L. Sharpe on 1/19/2016. (jel, )
September 27, 2016
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ORDER - ORDERED that Choice Hotels' motion for a judgment of civil contempt and order enforcing the permanent injunction (Dkt. No. 52) is GRANTED; and it is further ORDERED that, within thirty (30) days of the date of this Order, the United States Marshal or his deputy, accompanied by Choice Hotels' counsel and/or persons acting under its supervision, shall SEIZE and IMPOUND all items at the Subject Property, specifically, the hotel and grounds located at Route 23-B and I-87 Exit 21, Catskill, New York 12414, bearing any of the marks in the Quality family of marks, I ncluding but not limited to, the marks appearing in trademark registration numbers 886,881; 1,050,372; 1,183,294; 1,534,820; 1,699,581; 1,769,488; 2,729,999; 2,732,875; 2,946,054; 3,053,888; 3,448,436; 3,448,437; 3,435,885; 3,569,789; 3,837,912, and that any such items be turned over to Choice Hotels for destruction or such other disposition as Choice Hotels shall in its sole discretion deem appropriate, including the following items: Property Signage, Entrance Signage, Building Signage, Lobby Displays/Backdrops, Owner's Plaques, Rate/Hotel Law Cards, Stationery/Guest and Office, Shower Curtains, Fire Evacuation Cards, Soap/Amenity Packages, In-Room Organizers, Cups/Glasses, Van Signs, Folios, Name Tags, Ice Buckets, Guest Service Directories, Sani-Bags, Travel Directories, Ashtrays, Phone Plates, Info Caddies, Matches, Brochures, Rack Cards, Flyers, Guest Room Door Signage, Do Not Disturb Cards, Wastebaskets, Sanitary Toilet Strips, Pads/Pencils/Pens, Guest Comment Cards; and it is further ORDERED that pursuant to 28 U.S.C. § 1921 and 28 C.F.R. § 0.114, Choice Hotels shall be responsible for any costs associated with the service and execution of this Order; and it is further ORDERED that Choice Hotels shall be responsible for notifying and coordinating the service and execution of this Order with the designated representative for the United States Marshal, Administrative Officer Barbara Wright, at (315) 473-7603; and it is further ORDERED that Choice Hotels shall within thirty (30) days of any seizure authorized by this Order, file a Notice of Compliance identifying the date of seizure, the items seized, and the costs incurred. Signed by Senior Judge Gary L. Sharpe on 9/27/2016. (jel, )