Sylvan Learning Inc. v. Learning Solutions, Inc. et al

Filing 37

PRELIMINARY INJUNCTION entered. Signed by Judge Kristi K. DuBose on 6/17/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SYLVAN LEARNING INC.,
Plaintiff,
v.
LEARNING SOLUTIONS, INC.,
et al.,
Defendants.

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) CIVIL ACTION NO. 1:11-00236-KD-B
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PRELIMINARY INJUNCTION
Pursuant to an order this day entered, the Court determined that Plaintiff Sylvan
Learning Inc. (“Sylvan”) was entitled to entry of a preliminary injunction against Defendants.
For the reasons stated therein, it is hereby ORDERED that Defendants (such term
hereinafter also including Defendants’ agents, employees and all other persons, firms or
corporations acting or claiming to act in Defendants’ behalf), are hereby ENJOINED as
follows:
1.

Defendants shall immediately cease any use of Sylvan’s licensed trademarks

which is not consistent with the terms of the two License Agreements between Sylvan and
Defendant Learning Solutions, Inc. (Docs. 1-2, 1-3), whether on signs, advertisements,
telephone calls or messages or in any other communication reasonably anticipated to be
received by the public;
2.

Defendants shall comply fully with the terms of Paragraph 11.1.1 of the

License Agreement between Sylvan and Defendant Baldwin Management (“the Alabama
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Agreement”) (Doc. 1-1 at 23), which provides that upon termination of the agreement,
Baldwin Management, as “Licensee,” “shall cease to do business under any name
incorporating or similar to SYLVAN LEARNING CENTER and shall cease to use any and
all of the Licensed Marks, proprietary programs, systems, techniques, or materials[;]”
3.

Defendants shall comply with the terms of Paragraph 11.1.3 of the Alabama

Agreement (Doc. 1-1 at 23-24) as follows: Defendants shall, within seventy-two hours of the
receipt of this order, cover or remove all non-conforming “signs, designs and insignia in any
way indicating or suggesting” that Defendants’ learning center in Baldwin County, Alabama,
“is related or connected with Sylvan, its subsidiaries or affiliates, or any of Sylvan’s
licensees[;]”
4.

Defendants shall comply with Paragraph 11.1.4 of the Alabama Agreement

(Doc. 1-1 at 24) as follows: Defendants shall cease to use any of the listed or unlisted
telephone numbers used by Baldwin Management’s learning center while it was operated as a
licensed or unlicensed Sylvan Center, as well as any telephone numbers listed in telephone
directories under the name “Sylvan” or some other name confusingly similar thereto, except
as allowed pursuant to the two License Agreements between Sylvan and Defendant Learning
Solutions, Inc. (Docs. 1-2, 1-3); and
5.

Defendants shall comply with Paragraph 11.1.5 of the Alabama Agreement

(Doc. 1-1 at 24) as follows: “Except as provided in Paragraph 11.2” of the Alabama
Agreement, Defendants shall “immediately refrain from engaging in any and all contacts
with customers” they solicited through the operation of a licensed or unlicensed Sylvan
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Center in Baldwin County, Alabama, “whether with respect to providing service to
customers, or for any other purpose whatsoever.”
DONE and ORDERED this the 17th day of June, 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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