Abbey Carpet Co., Inc. v. Abbey Flooring, LLC

Filing 32

ORDER adopting Doc. 30 REPORT AND RECOMMENDATIONS. Plaintiff's Motion for Preliminary Injunction Doc. 2 is GRANTED. (See Order for further information.) Signed by Judge James S. Moody, Jr. on 4/30/2018. (SMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ABBEY CARPET CO., INC.,
Plaintiff,
v.

Case No: 5:18-cv-109-Oc-30PRL

ABBEY FLOORING, LLC,
Defendant.
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Philip R. Lammens (Doc. 30). The Court notes that neither
party filed written objections to the Report and Recommendation and the time for filing
such objections has elapsed.
After careful consideration of the Report and Recommendation of the Magistrate
Judge in conjunction with an independent examination of the file, the Court is of the
opinion that the Magistrate Judge's Report and Recommendation should be adopted,
confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

The Report and Recommendation (Doc. 30) of the Magistrate Judge is adopted,

confirmed, and approved in all respects and is made a part of this order for all purposes,
including appellate review.
2.

Plaintiff’s Motion for Preliminary Injunction (Doc. 2) is GRANTED.

3.

Defendant Abbey Flooring, LLC is preliminarily enjoined from the following:
a.

Using the mark ABBEY FLOORING, ABBEY CARPET & FLOOR, and

ABBEY CARPET and other marks that include the word “Abbey” in connection
with Defendant’s services;
b.

Using advertising that suggests endorsement by Plaintiff of Defendant’s

services; and
c.

Using the domain name www.abbeyflooringllc.com or any other domain

name that includes the word “Abbey.”
4.

Defendant shall forfeit the www.abbeyflooringllc.com domain name, and cease and

desist from using any domain name that includes the ABBEY FLOORING or ABBEY
CARPET & FLOOR, ABBEY CARPET, or other Abbey marks; and
5.

Within thirty (30) days from the date of this Order, Defendant shall file with this

Court and serve upon Plaintiff, a report, in writing, and under oath, setting forth the manner
and form in which Defendant has complied with the injunction.
DONE and ORDERED in Tampa, Florida, this 30th day of April, 2018.

Copies Furnished To:
Counsel/Parties of Record

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