Baskin-Robbins Franchised Shops LLC et al v. Sweet Blessings Corp. et al

Filing 12

PERMANENT INJUNCTION ORDER filed by Judge George H. King: Defendants Sweet Blessings Corp. and Douglas Haw (collectively, Defendants), and each of their employees, agents, representatives, attorneys, accountants, and other persons associated, in conc ert or participation with them are hereby permanently enjoined from holding themselves out as franchisees of Baskin-Robbins, and shall not, directly or indirectly, represent to the public or hold themselves out as present of Baskin-Robbins. Defendants shall have fourteen (14) days from service of this Order to comply with each and every one of the terms set forth herein. (See document for further specific details) (ir)

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FILED: 10-18-2011
Judith B. Gitterman, Bar No. 115661
Gabriel Liao, Bar No. 205897
Vilma Palma-Solana, Bar No. 267992
PERKINS COIE LLP
1888 Century Park E., Suite 1700
Los Angeles, CA 90067-1721
NOTE: CHANGES MADE BY THE COURT
Telephone: [phone]
Facsimile: 310.788.3399
Attorneys for Plaintiffs Baskin-Robbins Franchised
Shops LLC; Baskin-Robbins Franchising LLC; BR
IP Holder LLC; and DB Real Estate Assets I LLC

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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BASKIN-ROBBINS FRANCHISED
SHOPS LLC, a Delaware limited
liability company; BASKIN-ROBBINS
FRANCHISING LLC, a Delaware
limited liability company; BR IP
HOLDER LLC, a Delaware limited
liability company; and DB REAL
ESTATE ASSETS I LLC,

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[PROPOSED] PERMANENT
INJUNCTION ORDER
Date:
Time:
Ctrm:
Judge:

October 17, 2011
9:30 a.m.
650
Hon. George H. King

Plaintiffs,

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Case No. CV 11-03387-GHK(PJWx)

v.
SWEET BLESSINGS CORP., a
California corporation; and DOUGLAS
HAW, an individual,
Defendants.

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28028-4541.0001/LEGAL21646574.1

[PROPOSED] PERMANENT INJUNCTION
ORDER

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GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that:
1.

Defendants Sweet Blessings Corp. and Douglas Haw (collectively,

“Defendants”), and each of their employees, agents, representatives, attorneys,
accountants, and other persons associated, in concert or participation with them are
hereby permanently enjoined from holding themselves out as franchisees of BaskinRobbins, and shall not, directly or indirectly, represent to the public or hold
themselves out as present or former franchisees of Baskin-Robbins;
2.

Defendants are hereby permanently enjoined from using, in advertising

or in any other manner whatsoever, and from disclosing, revealing, or publishing,
any feature or method associated with Baskin-Robbins’ specially designed
buildings, equipment, accessories, identification schemes, products, management
programs, standards, specifications and proprietary marks, all known as the BaskinRobbins System, any name or mark containing the designation “Baskin-Robbins”,
any names or marks registered by Baskin-Robbins (collectively, “Baskin-Robbins
Marks”) and any other trade secrets, confidential information, operating manuals,
slogans, trade dress, signs, symbols or devices which are part of the BaskinRobbins System;
3.

Defendants are hereby permanently enjoined from possessing and shall

immediately return to Baskin-Robbins all operating manuals, plans, specifications,
and other materials in Defendants’ possession containing information prepared by
Baskin-Robbins, and all copies thereof, and shall retain no copy or record of any of
the foregoing, except Defendants’ copy of the Franchise Agreements, any
correspondence between the parties, and any other documents which Defendants
reasonably need for compliance with any provision of law;
4.

Defendants are hereby permanently enjoined from displaying at the

premises of the stores located at 5884 The Old Road, Stevenson Ranch, California;
18827 Soledad Canyon Road, Canyon Country, California; and at 23432 Lyons

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28028-4541.0001/LEGAL21646574.1

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[PROPOSED] PERMANENT INJUNCTION
ORDER

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Avenue, Newhall, California (the “Stores”) or at any other location, and on any

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equipment, interior signs, trade fixtures, furnishings and other personal property

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any of the Baskin-Robbins Marks or other indicia of Baskin-Robbins. Furthermore,

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Defendants shall disconnect, withdraw and/or terminate any telephone listings

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and/or fictitious name registration containing any part of the Baskin-Robbins

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Marks, at Defendants’ expense and in a manner satisfactory to Baskin-Robbins.

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Upon Baskin-Robbins’ written demand, however, Defendants shall assign to

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Baskin-Robbins any telephone number used in the operation of the Stores if such

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number is listed in the directory using any of the Baskin-Robbins Marks;
5.

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Defendants are hereby permanently enjoined from possessing and shall

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immediately destroy or surrender to Baskin-Robbins all signs, stationery, forms,

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printed matter, advertising, and paper goods containing the Baskin-Robbins Marks

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and any name or mark containing the designation “Baskin-Robbins” and every

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other deceptively similar name and mark, or any other designation indicating or

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intending to indicate that they are an authorized Baskin-Robbins franchisee;
6.

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Defendants shall make such modifications or alterations to the Stores’

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premises as may be necessary to distinguish the appearance of the premises from

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that of units in the Baskin-Robbins System, at Defendants’ expense and in a manner

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satisfactory to Baskin-Robbins;
7.

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Defendants are hereby permanently enjoined from using, in connection

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with any business or the promotion thereof, any reproduction, counterfeit, copy or

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colorable imitation of any of Baskin-Robbins Marks or trade dress; and Defendants

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shall not utilize any designation of origin or description or representation which

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falsely suggests or represents any association or connection with Baskin-Robbins.

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28028-4541.0001/LEGAL21646574.1

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[PROPOSED] PERMANENT INJUNCTION
ORDER

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8.

Defendants shall have fourteen (14) days from service of this Order to

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comply with each and every one of the terms set forth herein.

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DATED: October 18, 2011

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Hon. George H. King
United States District Court Judge

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Submitted by:

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PERKINS COIE LLP

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By /s/ Gabriel Liao
Gabriel Liao,
Attorneys for Plaintiffs Baskin-Robbins
Franchised Shops LLC; Baskin-Robbins
Franchising LLC; BR IP Holder LLC;
and DB Real Estate Assets I LLC

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28028-4541.0001/LEGAL21646574.1

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[PROPOSED] PERMANENT INJUNCTION
ORDER

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PROOF OF SERVICE BY MAIL

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I am a citizen of the United States and employed in Los Angeles County,

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California. I am over the age of eighteen years and not a party to the within-entitled

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action. My business address is 1888 Century Park East, Suite 1700, Los Angeles,

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California 90067-1721. I am readily familiar with this firm’s practice for

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collection and processing of correspondence for mailing with the United States

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Postal Service. On August 31, 2011, I placed with this firm at the above address

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for deposit with the United States Postal Service a true and correct copy of the

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within document(s):

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[PROPOSED] PERMANENT INJUNCTION ORDER

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in a sealed envelope, postage fully paid, addressed as follows:
Sweet Blessing Corp.
c/o Douglas Haw
agent for service of process
25884 The Old Road
Santa Clarita, CA 91381

Douglas Haw
25884 The Old Road
Santa Clarita, CA 91381

Following ordinary business practices, the envelope was sealed and placed
for collection and mailing on this date, and would, in the ordinary course of
business, be deposited with the United States Postal Service on this date.
I declare that I am employed in the office of a member of the bar of this court
at whose direction the service was made.
Executed on August 31, 2011, at Los Angeles, California.

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Sharon Jones

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28028-4541.0001/LEGAL21646574.1

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[PROPOSED] PERMANENT INJUNCTION
ORDER