Mini Melts USA, Inc. et al v. Wren
Filing
53
PERMANENT INJUNCTION ORDER ON STIPULATED MOTION OF THE PARTIES by Magistrate Judge Craig B. Shaffer on 10/25/2012. (cbscd, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MINI MELTS USA, Inc.
245 Asylum Street
Norwich, CT 06360
Plaintiff and Cross-Defendant
MINI MELTS, Inc.
245 Asylum Street
Norwich, CT 06360
Plaintiff, Counter-Defendant
and Cross-Claimant
v.
KENDALL WREN
d/b/a COLORADO CONCESSIONS, LLC
1008 Lochmore Place
Ft. Collins, CO 80524
Defendant and Counter-Plaintiff.
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11 CV 03213 CBS
PERMANENT INJUNCTION ORDER ON STIPULATED MOTION OF THE PARTIES
THIS MATTER, having come before the Court on the Stipulated Motion of the
parties and the Court, having reviewed the file and having otherwise been advised in
the premises, does hereby order and grant the following permanent injunction:
1.
Plaintiffs Mini Melts USA, Inc. (Mini Melts USA) and Mini Melts, Inc. (Mini
Melts) sued Defendant Kendall Wren d/b/a Colorado Concessions, LLC (Wren) for
trademark infringement. The Court finds that any use by Wren of the trademark MINI
MELTS® in connection with ice cream products likely constitutes trademark infringement
and would constitute irreparable harm to Mini Melts USA and Mini Melts. The Court
further finds that the balance of the equities favors issuing an injunction, and that the
public interest favors issuing an injunction.
2.
IT IS THEREFORE ORDERED AND ADJUDGED that Defendant Kendall
Wren, d/b/a Colorado Concessions, LLC, as well as his officers, agents, servants,
employees, and attorneys, and all persons in active concert and participation with them
who receive notice of this injunction, are restrained from:
(a)
infringing the registered trademark MINI MELTS®, in any manner,
including, but not limited to manufacturing, importing, distributing, advertising,
promoting, selling, offering for sale, and/or facilitating the sale of any product by using
the MINI MELTS® trademark or any mark confusingly similar to the MINI MELTS®
trademark;
(b)
creating, operating, hosting, or otherwise affiliating themselves with any
Internet website that uses the MINI MELTS® trademark or any mark confusingly similar
to the MINI MELTS® trademark.
DATED this 25th day of October, 2012.
____
s/Craig B. Shaffer
____________________________________
Craig B. Shaffer
United States Magistrate Judge
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