Delta Sigma Theta Sorority, Inc. v. Bivins et al

Filing 117

ORDER re 62 Plaintiff Delta Sigma Theta Sorority, Inc.'s Motion for a Temporary Restraining Order and Preliminary Injunction. SEE ORDER FOR DETAILS. The Clerk of Court is DIRECTED to mail a copy of this Order to Defendants at the last known address in the Court file. Signed by Judge Sheri Polster Chappell on 1/22/2015. (LMF)

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DELTA SIGMA THETA SORORITY,
INC.,
Plaintiff,
v.

Case No: 2:14-CV-147-FtM-38CM

LETISHA D. BIVENS, ALPHONSO
F. GOINS, and FRATHOUSE
CLOTHING, INC.,
Defendants.
/
ORDER1
This matter is before the Court on review of the file. On March 25, 2014, Plaintiff
Delta Sigma Theta Sorority, Inc. filed a Motion for a Temporary Restraining Order and
Preliminary Injunction. (Doc. #62). Plaintiff sought to enjoin Defendants Letisha D.
Bivens, Alphonso F. Goins, and FratHouse Clothing, Inc. from infringing on its trademarks
and service marks and taking other actions that would frustrate its ability to pursue relief
in this matter. (Doc. #62). Defendant Bivens opposed Plaintiff's Motion for Temporary
Restraining Order & Preliminary Injunction.

(Doc. #69).

Defendants Goins and

FratHouse Clothing, however, did not file an opposition.

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In an Order dated April 1, 2014, the Court granted the temporary restraining order
but deferred ruling on the preliminary injunction. (Doc. #65). On April 15, 2014, the Court
held a hearing on the preliminary injunction. (Doc. #76). After carefully considering the
parties' arguments and applicable law, the Court granted the preliminary injunction for
Plaintiff. (Doc. #76). Per the Court's ruling, Plaintiff posted security for $5,000.00 later
that day. (Doc. #75). This Order simply memorializes the Court's decision for granting
the preliminary injunction for the reasons stated on the record.
Accordingly, it is
ORDERED:
(1) Plaintiff Delta Sigma Theta Sorority, Inc.'s Motion for a Temporary Restraining
Order and Preliminary Injunction (Doc. #62) is GRANTED.
(2) Defendants Letisha D. Bivens, Alphonso F. Goins, and FratHouse Clothing, Inc.
are RESTRAINED, ENJOINED, and PROHIBITED from:
a. Manufacturing, distributing, marketing, advertising, promoting, transporting,
disposing of, donating, or offering for sale, or otherwise distributing any
merchandise that uses any of Plaintiff's registered and unregistered
trademarks as depicted in Exhibits 3 and 4 to the First Amended Complaint
(Doc. #116-3; Doc. #116-4), or any mark that is confusingly similar to
Plaintiff's Marks.
b. Hosting, acting as Internet Service Provider for, operating, or using any
website to advertise, offer for sale, or sell any products bearing Plaintiff's
registered or unregistered Marks, or linking any website or web content to
any such website.
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c. Using any email address; email list; electronic bulletin board; listserv, blog,
or other social media website to offer for sale or sell any merchandise
bearing Plaintiff's registered or unregistered trademarks.
d. Falsely stating or implying Plaintiff's endorsement, support, or approval of
Defendants' merchandise or engaging in any act or series of acts which,
either alone or in combination, constitute unfair methods of competition with
Plaintiff, and from otherwise interfering with or injuring Plaintiff's Marks or
the goodwill associated therewith.
e. Representing or implying that Defendants are sponsored by or affiliated
with, or have been endorsed, approved, or licensed by Plaintiff.
f. Secreting, destroying, altering, removing, or otherwise dealing with
merchandise bearing Plaintiff's Marks, or any books or records of any type
that contain any information relating to the manufacturing, producing,
importing, exporting, distributing, circulating, selling, marketing, offering for
sale, advertising, promoting, or displaying of merchandise that infringes on
Plaintiff's Marks.
g. Effecting assignments or transfers, forming new entities or associations, or
using any other device for circumventing or otherwise avoiding the
prohibitions set forth in this Order.
h. Selling or transferring ownership or control of FratHouse Clothing, LLC,
www.frathouseclothing.com or the FratHouse Clothing Facebook, Twitter,
or Flickr sites to any third party.

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i.

Assisting, inducing, aiding or abetting any other person or business entity
in engaging in or performing any of the activities referred to in the preceding
letter numbered paragraphs.

(3) Defendants must remove, within twenty-four (24) hours of receiving this Order, all
content from their FratHouse website (www.frathouseclothing.com), as well as
FratHouse Clothing Facebook pages, Twitter, and Flickr website depicting any of
Plaintiff's registered or unregistered Marks, or any mark that is confusingly similar
to any of Plaintiff's Marks.
(4) Defendants must provide a copy of this Order to each of their agents, officers,
employees, representatives, successors, assigns, and all other persons acting for,
with, by, through, or under Defendants' authority, or in concert or participation with
them with respect to the issues involved in this litigation and/or the activities of
Defendant FratHouse Clothing, LLC.
(5) This preliminary injunction remains in effect pending entry of final judgment in this
matter or further order of this Court.
(6) The Clerk of Court is DIRECTED to mail a copy of this Order to Defendants at the
last known address in the Court file.
DONE and ORDERED in Fort Myers, Florida this 22nd day of January, 2015.

Copies: All Parties of Record
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