Get Smoked, Inc. v. McNeill

Filing 100

ORDER: A permanent injunction is hereby entered in favor of Plaintiff, Get Smoked, Inc. and against Defendants Patricia Miller and Tampa Bay Traders to cease and desist any present or future sale of products bearing the unauthorized use of Plaintif f's trademark and copyrighted images. Plaintiff is awarded $1,000.00 in statutory damages. Plaintiff is entitled to costs. The Clerk shall enter judgment in favor of Plaintiff Get Smoked, Inc. and against Defendants Patricia Miller and T ampa Bay Traders. The Clerk shall enter judgment in favor of Defendant Global Impressions, Inc. and against Plaintiff, Get Smoked, Inc. The Clerk shall deny any pending motions as moot and close the case. Signed by Judge James S. Moody, Jr on 10/28/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GET SMOKED, INC.,
Plaintiff,
v.

Case No: 8:12-cv-1697-T-30MAP

PATRICIA MCNEILL aka PATRICIA
MILLER dba TAMPA BAY TRADERS,
and GLOBAL IMPRESSIONS, INC.,
Defendants.

ORDER
This case came before the Court for a bench trial on October 27, 2014. After
receiving the testimony of witnesses and reviewing the documentary evidence, and
granting Defendant Global Impression, Inc.’s Oral Motion to Dismiss, the Court makes the
following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1.

On February 11, 2012, Defendant Patricia Miller was the owner and operator

of the business known as Tampa Bay Traders, as an individual proprietorship.
2.

On February 11, 2012, Tampa Bay Traders sold products from its flea market

booth bearing the unauthorized use of Plaintiff’s trademark and copyrighted images.
3.

Plaintiff presented no evidence to show that Patricia Miller had personal

knowledge that Tampa Bay Traders sold products bearing the unauthorized use of
Plaintiff’s trademark and copyrighted images.

CONCLUSIONS OF LAW
1.

Tampa Bay Traders’ act of selling products bearing the unauthorized use of

Plaintiff’s copyrighted images at the flea market constitutes copyright infringement under
17 U.S.C. § 501.
2.

Tampa Bay Traders’ act of selling products bearing the unauthorized use of

Plaintiff’s trademark at the flea market constitutes unfair competition and trademark
infringement under 15 U.S.C. §1125.
3.

Plaintiff is entitled to statutory damages and costs.

4.

Permanent injunctive relief against Patricia Miller and Tampa Bay Traders

is necessary to prevent continuing harm to Plaintiff.
Upon due consideration and pursuant to the Court’s Findings of Fact and
Conclusions of Law, it is therefore ORDERED AND ADJUDGED that:
1.

A permanent injunction is hereby entered in favor of Plaintiff, Get Smoked,

Inc. and against Defendants Patricia Miller and Tampa Bay Traders to cease and desist any
present or future sale of products bearing the unauthorized use of Plaintiff’s trademark and
copyrighted images.
2.

Plaintiff is awarded $1,000.00 in statutory damages.

3.

Plaintiff is entitled to costs.

4.

The Clerk shall enter judgment in favor of Plaintiff Get Smoked, Inc. and

against Defendants Patricia Miller and Tampa Bay Traders.
5.

The Clerk shall enter judgment in favor of Defendant Global Impressions,

Inc. and against Plaintiff, Get Smoked, Inc.

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6.

The Clerk shall deny any pending motions as moot and close the case.

DONE and ORDERED in Tampa, Florida, this 28th day of October, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-1697 bench trial order.docx

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