TRI-STATE ASPHALT SEALING INC. v. TRI STATE PAVING CONTRACTORS LLC

Filing 10

ORDER granting 7 Motion for Attorney's fees and Defendant is hereby enjoined from any future act that uses any trademark owned by Tri-State Asphalt, etc.. Signed by Judge Susan D. Wigenton on 1/10/2018. (ld, ).

UNITED STATES DISTRICT COURT
DiSTRICT OF NEW JERSEY
TRI-STATE ASPHALT SEALING INC..

l)ocument Filed Electronically

:

Plaiiitifl

:

Civil Action No. 17-91 35-SD W-LDW

Susan [). Wigenton. U.S.DJ.
Leda D. Wetire. U.S.M.J.
TRI SlATE PAVING CONTRACTORS LLC,
Detëndant.

x

jPI1O RDER
iF! IS MATTER, having come before the Court on the application of Plainti if Tn—State
Asphalt Sealing Inc. (“‘fri—State Asphalt”), for an Order, pursuant to Fed. R. Civ, P. 65, granting
a permanent injunction against Tn State Paving Contractors LLC (“Defendant”), permanently
restricting Defendant from using any name confusingly similar to the TRI—S’l’ATE and

TRI—S’ FATE ASPHAL’l trademarks, and tbr an award

of’ attorney

fees for the harm caused by

Defendant’s actions:
And the Court. having reviewed the fucts and arguments in the present matter, including
exhibits submitted by Plaintiff demonstrating the acts of trademark infringement and unfair

competition committed by Defendant;

And Defendant having failed to answer the Complaint;
And a Certificate of Default having been entered by the Clerk on December 1, 2017;
The Court hereby finds that Defendant, through the actions associated with advertising its
paving and sealcoating services under ‘FRI STATE and TRI STATE PAVING AND
SEALCOATING. has committed trademark infringement by using an almost identical and
confusingly similar name to ‘fri-State Asphalt’s ‘FRI-STATE and TRI-STATE ASPHALT
trademarks in order to confuse the public;

5255493 I doex

The Court further finds that the actions of Defendant has caused TriState Asphalt to
suffer irreparable harm to its goodwill; and fbr good cause shown
IT IS ORDERED that:
I.

Defendant, having been provided with a copy of this order must pay Tn-State

Asphalt attorney fees under 17 U.S.C.
2.

§

1117(a) in the amount of $12,500.

Defendant, having been provided with a copy of this Order, is hereby enjoined

from any future act that uses any trademark owned by Tn—State Asphalt, including but not
limited to the intHnging TRI STATE and TRI STATE PAVING AND SEALCOATING
designations and/or confusingly similar variations of the same.

Without limitations of the

fbregoing, Defendant is specifically hereby ordered to immediately remove all exterior and
intenor signage, as well as signage on all vehicles and uniforms, bearing the ‘FRI STATE or TR1
STATE PA\IING AND SEA LCOATING designations, and immediately discontinue use of the
TRI STATE and TRI STATE PAVING AND SEALCOATING designations on or in connection
with all advertising and promotional materials.

So 0]