Thermasteel Systems Southeast LLC v. Baker et al

Filing 26

ORDER-re: R&R 22 The court hereby ADOPTS the Report of the Magistrate and ACCEPTS his recommendations. It is hereby ORDERED: Pltf's request for damages, costs, fees, and injunctive relief in their motion are GRANTED. However, in its entirety is DENIED IN PART, as the court declines to order dfts to destroy all printed materials within their possession or control that contain pltf's mark. Dfts are ORDERED to pay pltf costs in the amount of $350 and attorney's fess in the amount of $10,037. The injunction previously entered by the court 18 is INCORPORATED into this order. Final Judgment is ENTERED in favor of Pltf and against Dfts and this case is DISMISSED. Signed by Judge R David Proctor on 6/8/2012. (AVC)

FILED
2012 Jun-08 PM 12:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THERMASTEEL SYSTEMS
SOUTHEAST, LLC, Thermagreen
Steel Structures, LLC, an Alabama
limited liability company,
Plaintiff,
v.
THEODORE BAKER, an individual,
and THERMAGREEN STEEL
STRUCTURES, LLC, a Delaware
limited liability company,

Defendants.

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Case No.: 2:10-CV-1205-RDP

ORDER
On May 4, 2012, the Magistrate Judge entered a Report and Recommendation,
recommending that Plaintiff’s Motion for damages, costs, fees, and injunctive relief (Doc. # 21) be
granted. Neither party filed objections, and Defendants have yet to appear in this action.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge and ACCEPTS
his Recommendations.
Accordingly, it is hereby ORDERED as follows:
1.

Plaintiff’s requests for damages, costs, fees, and injunctive relief in their Motion

(Doc. # 21) are GRANTED. However, the Motion in its entirety is DENIED IN PART, as the
court declines to order Defendants to destroy all printed materials within their possession or control
that contain Plaintiff’s mark and to direct Defendants to certify compliance with this direction.

2.

Defendants are ORDERED to pay Plaintiff costs in the amount of $350.00 and

attorney’s fees in the amount of $10,037.00.
3.

The injunction previously entered by the court (Doc. # 18) is INCORPORATED into

this order. Defendants are enjoined from using the Thermagreen mark, or a confusingly similar
variant thereof, and from otherwise infringing Plaintiff’s right to the Thermagreen mark, including
the right to sell and offer for sale products bearing the Thermagreen mark.
4.

Final Judgment is ENTERED in favor of Plaintiff and against Defendants and this

case is DISMISSED.
5.

The court RETAINS jurisdiction to oversee and ensure enforcement of the

injunction.
The Clerk of the Court is DIRECTED to serve a copy of this order upon Mr. Theodore
Baker, 1125 Norwich Circle, Atlanta, GA 30324 and ThermaGreen Steel Structures, LLC, c/o
Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE 19958.
DONE and ORDERED this 8th day of June, 2012.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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