CROSSFIT, INC., v. Macomb Athletic Clubs, Inc. et al

Filing 33

ORDER Granting 24 Motion for Default Judgment and Permanent Injunction. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CROSSFIT, INC.,
Plaintiff,

Case No. 16-cv-13609
Hon. Matthew F. Leitman

v.
MACOMB ATHLETIC CLUBS,
INC.; FITNESS PROMOTERS,
INC.; STEVE MILLENBACH,
Defendants.

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
AND PERMANENT INJUNCTION
THIS MATTER, having come before the Court upon motion for default
judgment and permanent injunction by Plaintiff CrossFit, Inc. (“Plaintiff” or
“CrossFit, Inc.”) as to its claims against Defendants Macomb Athletic Clubs, Inc.,
Fitness Promoters, Inc., and Steve Millenbach (collectively, “Defendants”), in
accordance with Federal Rule of Civil Procedure 55(b)(2), and the Court having
reviewed and considered the papers submitted by CrossFit, Inc. in support of its
motion for default judgment and permanent injunction, and for good cause having
been shown;

IT IS HEREBY ORDERED that CrossFit, Inc.’s motion for default
judgment is GRANTED, such that judgment by default is entered in favor of
CrossFit, Inc. and against Defendants, jointly and severally, on Counts I, II, IV, and
V of the Complaint; and
IT IS FURTHER ORDERED that the Defendants, individually and
collectively, for themselves and their principals, partners, agents, servants,
employees, independent contractors, companies, successor companies, and all
persons in active concert and participating with them shall be permanently restrained
and enjoined from infringing upon the CROSSFIT® marks and from using any
confusingly similar terms, in any manner, including but not limited to the following
activities:
 Offering, providing, or purporting to offer or provide fitness classes or
fitness training or gym space using the CROSSFIT® marks and/or any
confusingly similar terms.
 Using the CROSSFIT® marks and/or any confusingly similar terms of
physical materials, including but not limited to signage, facility exteriors
and interiors, vehicle wraps, and any and all printed materials.
 Using the CROSSFIT® marks and/or any confusingly similar terms on
their websites (including but not limited to text in meta-tags), blogs,
social media profiles, business directories and listings, advertisements,
promotional materials, and third-party sites where company information
is submitted by Defendants regarding their personal training services.

 Registering, using, or selling any trademark, trade name, or domain
names containing the CROSSFIT® marks and/or any confusingly
similar terms.
 Encouraging or assisting any third party to do the above.
IT IS FURTHER ORDERED that Defendants shall take down any and all
signage incorporating the CROSSFIT® marks and/or confusingly similar terms.
IT IS FURTHER ORDERED that Defendants are bound by this injunction
regardless of whether CrossFit, Inc. assigns or licenses its intellectual property to
another for so long as such trademark rights are subsisting, and this injunction inures
to the benefit of CrossFit, Inc.’s successors, assignees, and licensees.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 31, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 31, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]