7-Eleven, Inc. v. Beydoun Service Dearborn, Inc. et al

Filing 18

STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION. Motions terminated: 8 MOTION for Preliminary Injunction filed by 7-Eleven, Inc. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
7-ELEVEN, INC.,
a Texas corporation,
Plaintiff and Counter-Defendant,
Case No. 2:13-cv-14933-GCS-MKM
v.
Judge George Caram Steeh
Mag. Judge Mona K. Majzoub,
Magistrate Judge
BEYDOUN SERVICE DEARBORN, INC.,
a Michigan corporation, and HUSSEIN
BEYDOUN,
Defendants and Counter- Plaintiffs.
____________________________________________________________________________________ 

STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION
This matter having come before the Court upon Defendants’ Motion to
Dissolve Temporary Restraining Order Issued by Wayne County Circuit Court and
a Motion for Preliminary Injunction filed by Plaintiff 7-Eleven, Inc. ("Motions")
and the Court having carefully reviewed the briefs and other papers submitted by
the parties in connection with the Motions, and considered the arguments of the
parties presented in open court;
IT IS ORDERED THAT:
1.

The Motion to Dissolve Temporary Restraining Order Issued by Wayne
County Circuit Court filed by the Defendants ("Beydouns") is withdrawn
with prejudice.

2.

The Motion for Preliminary Injunction filed by the Plaintiff ("7-Eleven") is
granted in part.

3.

The Temporary Restraining Order issued by the Wayne County Circuit
Court in this case prior to removal to this Court ("TRO") is hereby
superseded by this Order.

4.

Beydouns are hereby enjoined from using in any way the 7-Eleven
intellectual property including but not limited to logos, service marks,
trademarks and proprietary software and hardware.

5.

Counsel for Beydouns shall timely make the Beydoun key to the store
located at 6200 Greenfield Road, Dearborn, Michigan 48126 available to
counsel for 7-Eleven so as to facilitate 7-Eleven's entry onto the premises
beginning at 8:00 a.m. on Tuesday, February 18, 2014, at which time 7Eleven shall de-brand the property inside and out, per their usual protocol
and shall remove all 7-Eleven property, including equipment shelving,
refrigeration, computers and all other related equipment owned by 7-Eleven.

6.

Plaintiff 7-Eleven, Inc. shall take any and all actions necessary to de-brand
the store, inside and out including removal of trademarked materials, logos,
logo types, signs, trademarks, trade dress, colors or the like.

7.

That portion of the TRO ordering the Beydouns to turn over 7-Eleven’s
DVR equipment remains in effect, and Beydouns are hereby ordered to
return that equipment to 7-Eleven forthwith.

8.

Defendants will not destroy, sell, lien, pledge, or in any way dispose of any
of the inventory that was present in the store as of November 2, 2013.

9.

Defendants will not in any way interfere with the audit or de-branding, but
may have a single representative of Defendants present to observe those
activities.

This Order is effective as of February 10th, 2014.

Approved as to form and substance:

s/ T.S. Givens
T.S. Givens (P14029)
T.S. Givens, PLLC
Attorney for Defendants
1985 W. Big Beaver Rd., Suite 218
Troy, MI 48084
[phone]
[e-mail]

. s/ Irene Bruce Hathaway
___
.
Irene Bruce Hathaway (P32198)
Miller Canfield Paddock & Stone, PLC
Attorney for Plaintiff
150 W. Jefferson Ave., Suite 2500
Detroit, Michigan 48226
[phone]
[e-mail]

Dated: February 13, 2014

So Ordered.
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
Dated: February 18, 2014