Ronaldo Designer Jewelry, Inc. v. Prinzo

Filing 79

PRELIMINARY INJUNCTION Signed by Honorable David C. Bramlette, III on 9/19/2016 (Attachments: # 1 Appendix 1 - Trade Dress, # 2 Appendix 2 - Infringing Works, # 3 Appendix 3 - Ronaldo's Works, # 4 Appendix 4 - Catalogs - cover page, # 5 Appendix 4A - GCA Dealer Handbook 1, # 6 Appendix 4B - GCA Dealer Handbook 2, # 7 Appendix 4C - GCA Dealer Handbook 3)(ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
RONALDO DESIGNER JEWELRY, INC.
VS.

PLAINTIFF

CIVIL ACTION NO. 5:14-cv-73(DCB)(MTP)

PHILLIP PRINZO

DEFENDANT
PRELIMINARY INJUNCTION

This cause having come before the Court on the plaintiff
Ronaldo Designer Jewelry, Inc. (“Ronaldo”)’s Motion for Preliminary
Injunction (docket entry 31), and the Court having granted the
motion in an Order of even date herewith;
IT IS HEREBY ORDERED AND ADJUDGED that the defendant Phillip
Prinzo (“Prinzo”), his agents, servants, employees, and all those
in active concert and privity with him, shall immediately withdraw
from all sales outlets, and are permanently enjoined from copying,
manufacturing,

reproducing,

importing,

publishing,

displaying,

distributing, transmitting, selling, or otherwise placing on the
market the following jewelry, marketing, and advertising:
(1) materials that infringe upon Plaintiff’s copyrights,
Trade Dress (as defined in the attached Appendix 1, which
is incorporated herein by reference), and “THE POWER OF
PRAYER” BRACELET trademark (collectively the “Infringing
Works”)(copies of which Infringing Works are incorporated
herein by reference and are attached hereto as
Appendix 2);
(2) any other jewelry or product substantially or
confusingly similar to Ronaldo’s Works, including without
limitation “The Power of Prayer Bracelet,” “The
Tranquility Bracelet,” “Stackable Bracelet,” “THE “LOVE
KNOT,” “The Angelina Bracelet,” “The Spring Time
Bracelet,” “I Love You,” “TRC-S297 Birthstone Bracelet,”

“Forever Fellowship Bracelet,” and the “Pearl of My
Heart” Works (copies of which are incorporated herein by
reference and attached hereto as Appendix 3), the
majority of which Works feature Ronaldo’s distinctive
“Kissing Roof” clasp design as product trade dress; or
(3) materials using, incorporating, or containing
Plaintiff’s “THE POWER OF PRAYER” BRACELET® trademark or
any mark or term similar thereto, or substantially
similar to Plaintiff’s copyrighted catalogs or website,
including without limitation “Gold Craft Associates
Dealer Handbook,” “Gold Craft Fashions,” and “Gold Craft
Associates Fall Catalog 2000” (copies of which are
incorporated herein by reference and attached hereto as
Appendix 4).
It is further ordered and adjudged that Prinzo is to identify
each and every person or entity from whom he has acquired any and
all Infringing Works and to whom Prinzo has licensed, assigned, or
otherwise transferred the right to reproduce, manufacture, display,
distribute, or sell the Infringing Works.
Bond is set in the amount of One Thousand Dollars ($1,000.00).
SO ORDERED, this the 19th day of September, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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