Experience Hendrix, L.L.C. et al v. Tiger Paw Distributors, LLC et al

Filing 108

ORDER granting 103 Motion for Reconsideration of 100 Order. The Court Amends its prior injunction to read as follows: Defendants Tiger Paw, Wallace, and Hendrix are enjoined (1) from using the word "jimi" in the names of their websi tes, social media profiles, or other online platforms that are used to distribute, sell, or otherwise promote Purple Haze Liquer; (2) from manufacturing, distributing, selling, or promoting any bottle of Purple Haze Liquer that has the web address www.jimipurplehaze.com printed visibly thereupon; and (3) from displaying, on any of their materials, the JimiHendrix signature that is found in Exhibit 1 attached to this Order. Signed by Judge J. Randal Hall on 7/21/16. (cmr)

IN THE UNITED

STATES DISTRICT

SOUTHERN DISTRICT

OF

COURT

FOR THE

GEORGIA

SAVANNAH DIVISION

EXPERIENCE HENDRIX,

LLC,

*

a Washington Limited Liability
Company, and AUTHENTIC HENDRIX,
LLC, a Washington Limited
Liability Company,

*
*
*
*
*

Plaintiffs,

*

v.

*

TIGER PAW DISTRIBUTORS,

LLC,

CV 416-107

*

a California Limited Liability
Company; SANTA PAULA
DISTRIBUTORS, INC.; SAVANNAH
DISTRIBUTING CO., a Georgia
Corporation; and JOE WALLACE
and LEON HENDRIX, individuals,

*
*
*
*

Defendants.

ORDER

On June 22,

2016,

the Court granted in part and denied in

part Plaintiffs' motion for preliminary injunction.
In so doing,

(Doc. 100.)

the Court enjoined Defendants Tiger Paw,

Wallace,

and Hendrix

(1)

from using
websites,

the word "jimi"
social

media

in the names

profiles,

or

of

other

their
online

platforms;

(2)

from manufacturing, distributing, selling, or promoting
any bottle of Purple Haze Liquer that has the web
address
www.jimipurplehaze.com
printed
visibly
thereupon;

(3)

and

from displaying the aforementioned signature of Jimi
Hendrix
on any of their
labeling
or marketing
materials.

(Id.)

Since that time,

reconsideration
that

is

now

before

Because

Defendant

(Id.

he

preliminary
the

In

offer

Accordingly,

in

"asks

products

2.)

Plaintiffs

language

(Doc.

103)

other

for

Jimi

a

Hendrix

slight

related

modification

products,

of

[the

language only to clarify that it does not reach any

or

at

injunction

Court.

deals

Hendrix

injunction]

activity

of

Defendant Hendrix has filed a motion for

that

are

response

no

not
to

issue

Defendant

opposition.

upon due consideration,
103)

at

(Pis.'

in

this

Hendrix's

Resp.,

lawsuit."
request,

Doc.

104.)

the Court GRANTS Defendant

Hendrix's motion

(Doc.

and AMENDS

read as follows:

Defendants Tiger Paw,

its

prior

Wallace,

injunction to

and Hendrix are

enjoined

(1)

from

using

websites,
platforms

the

word

"jimi"

in

the

names

of

their

social media profiles,
or other online
that are used to distribute,
sell,
or

otherwise promote Purple Haze Liquer;

(2)

from manufacturing, distributing, selling, or promoting
any bottle of Purple Haze Liquer that has the web
address
www.jimipurplehaze.com
printed
visibly
thereupon;

(3)

and

from displaying, on any of their materials, the Jimi
Hendrix signature that is found in Exhibit 1 attached
to this Order.1

1

See ABS-CBN Int'l v. Freepinoychannel.com, No. 15-61002, 2015 WL 11023803,

at ~*T~ (S.D. Fla. July 28, 2015) ("A Court that issues an injunction retains
continuing jurisdiction to modify it whenever the principles of equity

require it to do so.
Injunctions may be modified . . . to ensure the
original purposes of the injunction are met." (citing Exxon Corp. v. Tex.
Motor Exch. of Houston, Inc., 628 F.2d 500, 503 (5th Cir. 1980)).
2

ORDER ENTERED at Augusta,
July,

Georgia,

this £>\/

day of

2016.

UNITED STJATES DISTRICT JUDGE
DISTRICT

OF GEORGIA

EXHIBIT

1