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17-795 - Heartland Trademarks, Ltd. v. DR FLAX LLC


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17-795 - Heartland Trademarks, Ltd. v. DR FLAX LLC
August 1, 2017
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MEMORANDUM-DECISION AND ORDER granting 8 Motion for TRO: The Court hereby ORDERS that Plaintiff's motion for a temporary restraining order is granted; and the Court further ORDERS that the Temporary Restraining Order is granted without security; and the Court further ORDERS that Defendant, its agents, employees, and representatives are temporarily enjoined from (a) using any name or mark that is a colorable imitation of, a variation on, or isconfusingly similar to Plaintiff's FLAX mark; (b) using "Dr. Flax" or any variation thereon as a name, trademark name, domain name, or in any other manner in order to offer, distribute, sell, advertise, or promote its goods; and the Court further ORDERS this Temporary Restraining Order shall remain in effect for twenty-eight days as the Court has found good cause exists to extend beyond the normal fourteen days, unless Defendant consents to an extension for a longer period of time; and the Court further ORDERS that Defendant's response to Plaintiff's application for a preliminary injunctionshall be filed within fourteen days of this Memorandum-Decision and Order; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Defendant's Response to Plaintiff's Application for preliminary injunction is due by 8/14/2017. Signed by U.S. District Judge Mae A. D'Agostino on 8/1/2017. (ban)
April 24, 2018
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 19 Motion for Default Judgment: The Court hereby ORDERS that Plaintiff's motion for default judgment is DENIED in part as to Plaintiff's claim under ยง 349 of the New York General Business Law, and GRANTED in part as to all of Plaintiff's other claims; and the Court further ORDERS that Defendant, its agents, employees, and representatives are permanently enjoined from (a) using any name or mark that is a colorable imitation of, a variation on, or is confusingly similar to Plaintiff's FLAX mark; (b) using "Dr. Flax" or any variation thereon as a name, trademark name, domain name, or in any other manner in order to offer, distribute, sell, advertise, or promote its goods; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/24/2018. (ban)