American Automobile Association v. Mechanical Woman, Inc. et al

Filing 26

Judgment Entry in favor of American Automobile Association against Mechanical Woman, Inc., S.E.T. (Trust) (See order for full details.) Judge James G. Carr on 7/17/15. (C,D)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
American Automobile Association,
Plaintiff,
v.
Mechanical Woman, Inc.,
d/b/a AAA Transmission; AAA
Transmission Performance Specialists

Case 3:14-CV-02368-JGC

S.E.T. (Trust
d/b/a AAA Transmission Tune-Up &
Brake
Defendants.

ORDER
This matter came before the Court on the Court’s Order to Show Cause
issued on June 15, 2015. On October 23, 2014, AAA filed a Complaint against
Defendant Mechanical Woman, Inc., d/b/a AAA Transmission and AAA
Transmission Performance Specialists (“AAA Transmission”) and S.E.T. (Trust
d/b/a AAA Transmission Tune-Up & Brake for (1) trademark counterfeiting and
infringement pursuant to 15 U.S.C. § 1114, (2) trademark infringement, unfair
competition, and false designation of origin pursuant to 15 U.S.C. § 1125(a), (3)
violation of the Ohio Deceptive Trade Practices Act pursuant to Ohio Rev. Code
§ 4165.02(A), and (4) common-law trademark infringement and unfair

competition. (Dkt. No. 1.) AAA Transmission was served with the Complaint
on November 11, 2014. (Dkt. No. 5.)
On February 25, 2015 AAA filed for entry of default against AAA
Transmission. (Dkt. No. 12.) The Clerk of the Court entered default against AAA
Transmission on March 16, 2015. (Dkt. No. 15.) AAA filed a motion for default
judgment on March 10, 2015 (Dkt. No. 14) and on March 27, 2015 this Court
granted that motion and ordered “AAA Transmission and its agents, servants,
employees, attorneys, and any and all persons in active concert or participation
with it” to immediately and permanently cease and desist from all use of the
AAA Marks. (Dkt. No. 18.)
On June 15, 2015 this Court entered an Order to Show Cause ordering
“any and all person who in any manner own in whole or in part, are employed
by, or in any way affiliated with any of the entity defendants, or who (except for
customers) have notice of this Order, whether found at defendants’ premises
located at 5250 Airport Highway, Toledo, Ohio 43616, or elsewhere” to appear
before the Court on Thursday June 18, 2015 and show cause why they should not
be held in contempt of the Court’s March 27, 2015 Order for continuing to
operate their business using the AAA Marks. (Dkt. No. 21.) The Order to Show
Cause required any such person to bring with them all books and records located
at or accessible from the business premises. (Dkt. No. 21.)

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On June 18, 2015 attorney for AAA Transmission, Vesper Williams
appeared before the Court on behalf of the business, but the owners and
managers did not appear. Attorney Vesper Williams did not bring AAA
Transmission’s books and records to the June 18, 2015 hearing. This Court
continued the hearing until June 19, 2015 and ordered all affiliated persons to
appear before the Court with the company’s books and records. On June 19, Dan
Graves, the manager for AAA Transmission, appeared before the Court and
stated that Charles Judson Strader is the owner of the business and is affiliated
with the named defendant S.E.T. (Trust. Charles Judson Strader did not appear
at the June 18, 2015 or June 19, 2015 hearing and the business did not produce the
books and records as ordered in the June 15, 2015 Order to Show Cause.
The Court finds that AAA Transmission, its owners and operators,
including but not limited to, Charles Judson Strader, Dan Graves and S.E.T.
(Trust were on notice of AAA’s demands through pre-litigation letters, one of
which was signed for by Dan Graves (Exhibits 2 and 3 introduced during the
June 18, 2015 hearing). The Court further finds that AAA Transmission, its
owners and operators were properly served on November 11, 2014 through
personal service on Charles Judson Strader (a/k/a Chuck). (Dkt. No. 5.) Based
on the foregoing, it is hereby
ORDERED that this Court’s March 27, 2015 Order applies to “AAA
Transmission and its agents, servants, employees, attorneys, and any and all
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persons in active concert or participation with it” which specifically includes
Charles Judson Strader and Dan Graves as the owner and manager of AAA
Transmission. Nothing in this Order shall be construed as altering or changing
the March 27, 2015 Order which will remain in full force and effect.
FURTHER ORDERED that Charles Judson Strader, Dan Graves and AAA
Transmission shall pay a sum of $3000 to AAA to be applied towards
investigator costs and attorneys’ fees.
FURTHER ORDERED that the Ohio Secretary of State shall cancel the
following three trade name registrations:
1. “AAA Transmission” registered to Mechanical Woman, Inc.
2. “AAA Transmission Performance Specialists” registered to
Mechanical Woman, Inc.
3. “AAA Transmission Tune-Up & Brake” registered to S.E.T. (Trust.
This is a FINAL JUDGMENT.

s/James G. Carr

7/17/15

___________________________________
The Honorable James G. Carr
United States District Judge

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