American Dairy Queen Corporation v. YS&J Enterprises, Inc. et al

Filing 54

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's motion for default judgment is ALLOWED. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that: 1. Plaintiff have and recovers of defendants jointly and severally the amount of $9 401.49 for damages and the amount of $60,035.25 for attorneys' fees, for a total amount of $69,436.74; 2. Defendants and their officers, managers, guarantors, and employees are hereby PERMANENTLY ENJOINED from: a. Using or displaying the DAIRY QUEEN and ORANGE JULIUS trademarks at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, North Carolina 28303; b. Selling or distributing DAIRY QUEEN and ORANGE JULIUS products at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, Nor th Carolina 28303; andc. Operating their store at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, North Carolina 28303 as a DAIRY QUEEN and/or ORANGEJULIUS store. 3. The Clerk disburse to plaintiff (in the care of plaintiff's counsel) the amount of $5000 posted as security for issuance of the preliminary injunction. Signed by Julie A. Richards, Clerk of Court on 8/14/2014. Copy mailed to defendants via US Mail at address on record. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

American Dairy Queen Corporation,
Plaintiff,
v.
YS&J Enterprises, Inc. and John A. Ribet, III
Defendants.

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JUDGMENT
5:14-CV-151-BR

Decision by Court.
This matter is before Senior United States District Judge W. Earl Britt on plaintiff’s motion for
default judgment against defendants.
IT IS ORDERED, ADJUDGED AND DECREED that plaintiff’s motion for default judgment is
ALLOWED.
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that:
1. Plaintiff have and recovers of defendants jointly and severally the amount of $9401.49 for
damages and the amount of $60,035.25 for attorneys’ fees, for a total amount of $69,436.74;
2. Defendants and their officers, managers, guarantors, and employees are hereby PERMANENTLY
ENJOINED from:
a.

b.

c.

Using or displaying the DAIRY QUEEN® and ORANGE JULIUS®
trademarks at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, North
Carolina 28303;
Selling or distributing DAIRY QUEEN® and ORANGE JULIUS® products
at Cross Creek Mall, 419 Cross Creek Mall, Fayetteville, North Carolina
28303; and
Operating their store at Cross Creek Mall, 419 Cross Creek Mall,
Fayetteville, North Carolina 28303 as a DAIRY QUEEN® and/or ORANGE
JULIUS® store.

3. The Clerk disburse to plaintiff (in the care of plaintiff’s counsel) the amount of
$5000 posted as security for issuance of the preliminary injunction.
This judgment filed and entered on August 14, 2014, and served on:
Isaac Linnartz (via CM/ECF Notice of Electronic Filing)
Kerry L. Bundy (via CM/ECF Notice of Electronic Filing)
Nick R. Rotchadl (via CM/ECF Notice of Electronic Filing)
Christopher G. Smith (via CM/ECF Notice of Electronic Filing)
YS&J Enterprises, Inc. (via US Mail at 7000 Windover Drive, Durham, NC 27712)
John A. Ribet, III (via US Mail at 7000 Windover Drive, Durham, NC 27712)

August 14, 2014

/s/ Julie A. Richards,
Clerk of Court