JC Franchising, Inc. et al v. Pickens Holdings & Management, LLC et al

Filing 29

ORDER GRANTING PERMANENT INJUNCTION AND JUDGMENT ON CONSENT by Judge Dolly M. Gee: Upon Consent 28 , IT IS HEREBY ORDERED that Defendants Pickens Holdings & Management, LLC, Pickens Unlimited, Inc., and Kevin Pickens, and their employees, agents, and all persons acting with them or on their behalf, are immediately enjoined from any and all use of the JENNY CRAIG Marks, etc. See document for details. ( MD JS-6. Case Terminated ) (gk)

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JS-6

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UNITED STATE DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JC FRANCHISING, INC, a Texas
corporation, and CURVES
INTERNATIONAL HOLDINGS,
INC., a Texas corporation,

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Plaintiffs,

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vs.
PICKENS HOLDINGS &
MANAGEMENT, LLC, a South
Carolina limited liability company,
PICKENS UNLIMITED, INC., a
South Carolina corporation, and
KEVIN PICKENS, an individual,
Defendants.

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Case No.: CV 17-73-DMG (ASx)
ORDER GRANTING PERMANENT
INJUNCTION AND JUDGMENT ON
CONSENT [28]

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Based on the grounds set forth in the Permanent Injunction and Judgment on
Consent, all documents which this Court may take judicial notice of, and Plaintiffs
and Defendants having all agreed to entry of this Permanent Injunction on Consent,
IT IS HEREBY ORDERED that:
(1)

Defendants and their employees, agents, and all persons acting with

them or on their behalf, are immediately enjoined from any and all use of the
JENNY CRAIG® Marks including, but not limited to, the proprietary mark “Jenny
Craig”, all similar names and marks and any name or mark containing the
designation “Jenny Craig,” or any other name, designation or mark, or similar
colors or lettering indicating or tending to indicate that Defendants, or any of them,
is or was operating an authorized JENNY CRAIG® Weight Loss and Weight
Management Centre;
(2)

Defendants and their employees, agents, and all persons acting with

them or on their behalf are immediately enjoined from doing anything which
would indicate that Defendants, or any of them, are or ever were an authorized
JENNY CRAIG® Weight Loss and Weight Management Centre;
(3)

Within seven (7) days of this Order, Defendants and their employees,

agents, and all persons acting with them or on their behalf are required to:
(a) de-identify themselves from Plaintiff JC Franchising, Inc. (“JC
Franchising”), including but not limited to taking down of all signage (external and
internal), billboards, insignias, and physical landmarks with the term “Jenny Craig”
contained therein;
(b) destroy, or surrender to JC Franchising, all stationery, letterheads,
forms, business cards, manuals, printed matter, films, books, cassettes, videotapes,
licensed software and advertising containing the JENNY CRAIG® Marks,
including, but not limited to, the proprietary mark “Jenny Craig,” or any similar
names or marks or designation or mark indicating or tending to indicate that

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Defendants or any of them is or was operating an authorized JENNY CRAIG®
Weight Loss and Weight Management Centre;
(c) cease all advertising as a JENNY CRAIG® Weight Loss and
Weight Management Centre, including, but not limited to, the removal of all signs
from Defendants’ Weight Loss and Weight Management Centre which contain any
JENNY CRAIG® Marks or other similar identifying marks and the immediate
removal of any products being offered for sale using the JENNY CRAIG® Marks
or the JENNY CRAIG® System:
(d) cease all use of the JENNY CRAIG® System, including, but not
limited to, operating manuals, training manuals, sales manuals, business methods,
technical knowledge, and marketing concepts licensed by Plaintiffs to Defendants
under the Franchise Agreements; and
(e) cancel and discontinue use of the telephone number(s) which
served Defendants’ Weight Loss and Weight Management Centres at the time of
termination and to delete Defendants’ JENNY CRAIG® listings in the Yellow
Pages and any other directory as well as any Internet websites to the extent
Defendants are still using such telephone numbers or assign such numbers as
directed by Plaintiffs.

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IT IS SO ORDERED.

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DATED: April 18, 2017

______________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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