TMC Franchise Corporation v. Millennium Vision LLC et al

Filing 27

PRELIMINARY INJUNCTION - Pla TMC Franchise Corporation's application for a preliminary injunction is granted. Dft Millennium Vision, LLC, its officers, agents, servants, and employees, and those persons in active concert or participation with th em who receive actual notice hereof by personal service or otherwise, are prohibited from using the CIRCLE K trademarks, trade name and trade dress and falsely associating with the CIRCLE K franchise system. Dft Millennium Vision, LLC is required to comply fully with its post termination obligation to de-identify contained in paragraph 12.7(C) of the parties' franchise agreement (Doc. 1-1 at 36). Specifically, Millennium Vision, LLC shall immediately cease using the CIRCLE K Marks or any na me, logo, slogans, or symbols or other designations that might tend to mislead or confuse the public or give the impression that Millennium Visions store, located at 301 E. Bidwell Street, Folsom, California, is associated with Pla TMC Franchise Corp oration's or its CIRCLE K brand. Pla TMC Franchise Corporation's security bond in the amount of $25,000.00 is exonerated. TMC immediately may recover the $25,000 from the Clerks office. Signed by Judge David G Campbell on 1/6/11. (KMG)