Happy's Pizza Franchise, LLC v. Chicago Partners #78, LLC et al

Filing 22

STIPULATED PRELIMINARY INJUNCTION Signed by District Judge Sean F. Cox. (JMcC)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HAPPY’S PIZZA FRANCHISE, LLC,
a Michigan limited liability company,
Plaintiffs,
v.
CHICAGO PARTNERS #78, LLC,
an Illinois limited liability company,
HARVEY HOLDINGS #79, LLC,
an Illinois limited liability company,
and NNEKA EZURIKE-GREEN, an
individual,

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Civil Action No. 13-cv-11910
Hon. Sean F. Cox

Defendants.

STIPULATION REGARDING PRELIMINARY INJUNCTION
Plaintiff Happy’s Pizza Franchise, LLC (“Plaintiff”) and Defendants Chicago Partners
#78, LLC, Harvey Holdings #79, LLC, and Nneka Ezurike-Green (collectively, “Defendants”),
by and through their respective counsel, hereby stipulate that any one or more Defendants and,
the following that receive actual notice of this Order by personal service, or otherwise:
Defendants’ officers, agents, servants, employees, and attorneys; and persons who are in active
concert or participation with Defendant(s), are enjoined and restrained from:
1.

Using any of Plaintiff’s franchise marks, attached hereto as Exhibit A, including
but not limited to its trademarks, service marks, trade names, trade dress, knowhow and processes (“Franchise Mark”);

2.

Using Plaintiff’s Franchise System, Plaintiff’s Operations Manual, or any of the
Confidential Information defined in Paragraph 11.1 of the Franchise
Agreements;

3.

Operating or doing business under any name or in any manner that gives the
general public the impression that Defendants’ franchises with Plaintiff are still
in force, or that Defendants are affiliated with Plaintiff or authorized to use
Plaintiff’s Franchise Marks;

4.

Using signs, menu board inserts, point of sale materials, trade dress, or
restaurant design characteristics uniquely identified with a Happy’s Pizza®
franchise;

5.

Using any advertising that directly or indirectly states or implies that
Defendants are associated with Plaintiff, or Plaintiff’s Franchise Marks or
franchise system;

6.

Directly or indirectly engaging in any activity in competition with Plaintiff or its
franchisees, including acquiring an ownership interest in a competing business
(a business that sells pizza, ribs, chicken, seafood, subs or salads for carry-out,
dine-in, catering or delivery) at either of the franchise locations (8710-8718
Halsted Ave. Chicago, IL 60620 or 15900 Halsted Ave. Chicago IL 60426) or
any location within ten miles of these two(2) locations, for a period of three (3)
years; and

7.

Knowingly assisting, aiding or abetting any other person or entity
engaging in or performing any of the above activities.

STIPULATED

/s/ Paul P. Asker
_
PAUL P. ASKER
JESSICA DOPIERALA HITE
ASKER PERLMUTER, PLC
Attorneys for Plaintiff
32000 Northwestern Highway, Ste. 275
Farmington Hills, MI 48334
[e-mail]

_/s/ James Edokpolo______
JAMES O. EDOKPOLO
JEDO LAW FIRM, PLC
Attorney for Defendants
6035 Executive Drive, Ste 212
Lansing, MI 48911
[e-mail]

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EXHIBIT A
TO PRELIMINARY INJUNCTION
1) “Happy’s Pizza” service mark, USPTO registration number 3,608,919, registered April
21, 2009;
2) Happy’s Pizza logo and service mark, USPTO registration number 3,773,254, registered
April 6, 2010;
3) “Happy Wings” trademark, USPTO registration number 3,476,533, registered July 29,
2008;
4) “Happy Subs” trademark, USPTO registration number 3,912,222, registered January 25,
2011;
5) “Happy Fries” trademark, USPTO registration application pending, serial number
85880372;
6) “Happy Chips” trademark, USPTO registration application pending, serial number
77856365.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HAPPY’S PIZZA FRANCHISE, LLC,
a Michigan limited liability company,
Plaintiffs,
v.
CHICAGO PARTNERS #78, LLC,
an Illinois limited liability company,
HARVEY HOLDINGS #79, LLC,
an Illinois limited liability company,
and NNEKA EZURIKE-GREEN, an
individual,

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)
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Civil Action No. 13-cv-11910
Hon. Sean F. Cox

Defendants.

PRELIMINARY INJUNCTION
The Court having reviewed the parties’ stipulation;
IT IS HEREBY ORDERED that any one or more Defendants and, the following that
receive actual notice of this Order by personal service, or otherwise: Defendants’ officers,
agents, servants, employees, and attorneys; and persons who are in active concert or participation
with Defendant(s), are ENJOINED AND RESTRAINED FROM:
1. Using any of Plaintiff’s franchise marks, attached hereto as Exhibit A, including but
not limited to its trademarks, service marks, trade names, trade dress, know-how and
processes (“Franchise Mark”);
2. Using Plaintiff’s Franchise System, Plaintiff’s Operations Manual, or any of the
Confidential Information defined in Paragraph 11.1 of the Franchise Agreements;
3. Operating or doing business under any name or in any manner that gives the general
public the impression that Defendants’ franchises with Plaintiff are still in force, or
that Defendants are affiliated with Plaintiff or authorized to use Plaintiff’s Franchise
Marks;

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4. Using signs, menu board inserts, point of sale materials, trade dress, or restaurant
design characteristics uniquely identified with a Happy’s Pizza® franchise;
5. Using any advertising that directly or indirectly states or implies that Defendants are
associated with Plaintiff, or Plaintiff’s Franchise Marks or franchise system;
6. Directly or indirectly engaging in any activity in competition with Plaintiff or its
franchisees, including acquiring an ownership interest in a competing business (a
business that sells pizza, ribs, chicken, seafood, subs or salads for carry-out, dine-in,
catering or delivery) at either of the franchise locations (8710-8718 Halsted Ave.
Chicago, IL 60620 or 15900 Halsted Ave. Chicago IL 60426) or any location within
ten miles of these two(2) locations, for a period of three (3) years; and
7. Knowingly assisting, aiding or abetting any other person or entity engaging in or
performing any of the above activities.
8. This ORDER shall be effective until modified or vacated by further Order of this
Court.

IT IS SO ORDERED.
Dated: May 10, 2013

s/ Sean F. Cox
Sean F. Cox
U. S. District Judge

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EXHIBIT A
TO PRELIMINARY INJUNCTION
1) “Happy’s Pizza” service mark, USPTO registration number 3,608,919, registered
April 21, 2009;
2) Happy’s Pizza logo and service mark, USPTO registration number 3,773,254,
registered April 6, 2010;
3) “Happy Wings” trademark, USPTO registration number 3,476,533, registered
July 29, 2008;
4) “Happy Subs” trademark, USPTO registration number 3,912,222, registered
January 25, 2011;
5) “Happy Fries” trademark, USPTO registration application pending, serial number
85880372;
6) “Happy Chips” trademark, USPTO registration application pending, serial
number 77856365.

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