QFA Royalties LLC et al v. Q of O, LLC et al

Filing 60

ORDER granting 57 Plaintiffs' Motion for Default Judgment Against P & D Subs, Inc. and Q of O, LLC by Judge Christine M. Arguello on 7/24/2015.(vbarn )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00461-CMA-MJW
QFA ROYALTIES LLC, and
QUIZNO’S MASTER LLC, THE
Plaintiffs,
v.
Q OF O, LLC,
DONNA J. JOHNSON,
PHILLIP S. JOHNSON,
DALE A. THOMAS, JR.,
DALE A THOMAS, SR., and
P & D SUBS, INC.
Defendants.
ORDER GRANTING PLAINTIFFS’ MOTION FOR DEFAULT
JUDGMENT AGAINST Q OF O, LLC AND P & D SUBS, INC
Upon consideration of QFA Royalties LLC and The Quizno’s Master LLC’s
Motion for Default Judgment Against P & D Subs, Inc. and Q of O, LLC (Doc. # 57);
P&D Subs, Inc. and Q of O, LLC having failed to appear, plead, or otherwise defend in
this action; the Clerk having entered default on June 22, 2015; and counsel for Plaintiffs
having filed a proper motion and declarations requesting judgment in accordance with
Federal Rule of Civil Procedure 55(a) and (b), Plaintiffs’ Motion (Doc. # 57) is hereby
GRANTED.
Final judgment is hereby entered in favor of Plaintiffs and against P & D Subs,
Inc. and Q of O, LLC as follows:

1.

P & D Subs, Inc. shall pay to Plaintiffs $300,758.99 plus interest on the
judgment at the legal rate until the judgment is satisfied.

2.

Q of O, LLC shall pay to Plaintiffs $279,559.72 plus interest on the judgment at
the legal rate until the judgment is satisfied.

3.

Q of O, LLC and its respective agents, servants and employees, and all
persons in active concert or participation with it, are permanently enjoined from:
A.

B.

Otherwise infringing the Quiznos Marks or trade dress using any similar
designation, alone or in combination with any other components, or any
other similar design or décor, alone or in combination with other
components;

C.

Passing off any products or services as those of authorized Quiznos’
franchisees or as genuine Quiznos’ products or services;

D.

Causing a likelihood of confusion or misunderstanding as to the source or
sponsorship of their business, products or services;

E.

Causing a likelihood of confusion or misunderstanding as to their
affiliation, connection, or association with Quiznos, or with any of its
products or services; and

F.
4.

Using any of the Quiznos Marks and trade dress, or any trademark,
service mark, logo, trade name, or elements of design and décor that is
confusingly similar to the Quiznos Marks and trade dress;

Unfairly competing with Quiznos in any manner.

Q of O, LLC and P & D Subs, Inc., and each of them, and their respective
agents, servants and employees, and all persons in active concert or
participation with them, are permanently enjoined to fully perform the posttermination obligations contained in their former franchise agreements with
QFA Royalties LLC, including, without limitation, their obligations under their
noncompetition covenants.

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DATED: July 24, 2015
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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