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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)