Steak n Shake Enterprises, Inc. v. Globex Company, LLC et al.
Filing
106
PERMANENT INJUNCTION. By Judge Raymond P. Moore on 06/23/2015. (athom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13-cv-01751-RM-CBS
STEAK N SHAKE ENTERPRISES, INC., and
STEAK N SHAKE, LLC,
Plaintiffs,
v.
GLOBEX COMPANY, LLC,
SPRINGFIELD DOWNS, INC.,
CHRISTOPHER BAERNS,
LARRY BAERNS,
KATHRYN BAERNS, and
CONTROL, LLC,
Defendants.
______________________________________________________________________________
PERMANENT INJUNCTION
______________________________________________________________________________
By Order (“PI Order”) dated September 3, 2013, this Court granted Plaintiffs preliminary
injunctive relief, ordering, among other things: (1) Defendants Globex Company, LLC and
Springfield Downs, LLC (collectively, “Franchisees”) to cease and desist from using Plaintiff
Steak n Shake, LLC’s “Marks,” as that term is defined in the License Agreements (ECF Nos. 115, 11-7); and (2) Defendants Christopher Baerns, Larry Baerns, and Kathryn Baerns (collectively
“Guarantors”) to comply with Franchisees’ obligations under the PI Order should Franchisees
failed to do so, in accordance with Guarantors’ obligations under “Appendix B-1 to Franchise
Agreement” (ECF Nos. 11-4, 11-6). By Order dated June 23, 2015, this Court granted Plaintiffs’
Motion for Summary Judgment and request for permanent injunctive relief against Franchisees
and Guarantors as to the use of the Marks and, accordingly, to make permanent the preliminary
injunction entered under the PI Order as to such use. Accordingly, it is
ORDERED that Defendants Globex Company, LLC and Springfield Downs, LLC, their
respective officers, agents, servants, employees, and attorneys are permanently ENJOINED
from, directly or indirectly, using the Marks or any simulation thereof; and it is
FURTHER ORDERED that to the extent Defendants Globex Company, LLC and
Springfield Downs, LLC shall fail to comply with their obligations as ordered herein, Defendants
Christopher Baerns, Larry Baerns, and Kathryn Baerns are ORDERED immediately to comply
with all obligations imposed by Section 6(b) of the Personal Guaranty and Personal Covenants
by Principal Owners, Appendix B-1 to the Franchise Agreements.
DATED this 23rd day of June, 2015.
BY THE COURT:
____________________________________
RAYMOND P. MOORE
United States District Judge
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