One Hour Air Conditioning Franchising, LLC v. Southland Air Conditioning & Heating, Inc. et al

Filing 36

ORDER granting 35 Motion for consent judgment and permanent injunction. See order for details. The Clerk of Court shall close this case. Signed by Judge Elizabeth A. Kovachevich on 7/10/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ONE HOUR AIR CONDITIONING
FRANCHISING, LLC, a Florida limited
liability company,
Plaintiff,
vs.

CASE NO. 8:14-cv-1908-EAK-EAJ

SOUTHLAND AIR CONDITIONING
AND HEATING, INC. a California corporation,
MICHAEL G. LOMBARDI, individually, and
BRIAN V. LOMBARDI, individually,
Defendants.

CONSENT JUDGMENT AND PERMANENT INJUNCTION
AGREED TO BY THE PARTIES
Upon consideration o f the Joint Motion for the Entry o f a Consent Judgment, the
papers submitted with that Motion, and Good Cause being shown, IT IS HEREBY
ORDERED:
1.

The clerk shall enter a JUDGMENT against Defendants Southland Air

Conditioning and Heating, Inc., Michael G. Lombardi, and Brian V. Lombardi (collectively,
“Defendants”) in connection with each o f the claims and counterclaims pleaded in this
Action, thereby closing this Action.
2.

No damages will be awarded and Plaintiff and Defendants will each bear its

own costs and attorneys’ fees incurred in connection with this Action. This provision is not
meant to contradict anything the parties have agreed upon in any Settlement Agreement.
3.

This Consent Judgment and Permanent Injunction applies to Defendants and

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to all o f Defendants’ owners, shareholders, parents, subsidiaries, employees, affiliates,
successors and assigns.
4.

This Consent Judgment and Permanent Injunction serves to permanently

stop and enjoin, within thirty (30) days o f entry of this Consent Judgment and Permanent
Injunction, all use by the Defendants o f a clock or watch face in connection with
Defendants’ business, name, and logo. Such prohibited use includes, but is not limited to,
the use o f signage, advertisements, flyers, promotional materials, written statements,
business cards, and letterhead as well as any uses on the Internet or on Defendants’
service trucks.
5.

Defendants will remove permanently from the Internet, including from any

website or Facebook page that Defendants own, operate and/or control, all uses o f a clock
or watch face in connection with Defendants’ business, name, and logo, and are
permanently enjoined from any such use on the Internet in the future, including, without
limitation, on or related to any additional websites owned, operated or controlled by
Defendants.

Internet use includes, but is not limited to, web pages, online videos,

Facebook pages, YouTube pages, other social media, and any other online information
that Defendants may operate and/or control now or in the future.
6.

Defendants will act expeditiously to remove permanently and destroy all

signage, advertisements, promotions, statements and any other information that it owns,
operates and/or controls in any other media using a clock or watch face in connection
with Defendants’ business, name, and logo. Defendants are permanently enjoined from
any use o f these materials in the future.

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7.

Defendants are permanently enjoined from any new uses o f a clock or

watch face in connection with Defendants’ business, name, and logo to identify any
business, product or service.

Such uses include, but are not limited to, signage,

advertisements, flyers, promotional materials, written statements, business cards, and
letterhead as well as uses on the Internet or on Defendants’ service trucks.
8.

If Defendants violate any of the terms o f this Consent Judgment and

Permanent Injunction, such actions will constitute all o f the following: federal trademark
infringement, common law trademark infringement, and unfair competition. If such a
violation occurs, any court of competent jurisdiction may immediately schedule a hearing
to determine damages.
9.

If Plaintiff is forced to bring any future lawsuit against Defendants as a

result o f any violation o f this Consent Judgment and Permanent Injunction, then
Defendants will pay for Plaintiffs attorneys’ fees for such enforcement if such
enforcement is successful.
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SO ORDERED.

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