Vesta Corporation v. Vesta Management Services, LLC

Filing 42

FINAL JUDGMENT AND ORDER OF PERMANENT INJUNCTION entered. Case terminated on 10/27/16.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS

October 27, 2016
David J. Bradley, Clerk

)

VESTA CORPORATION,

)
)

Plaintiff,

CIVIL ACTION NO. 4:15-CV-00719

)
)

V.

)
)

VESTA MANAGEMENT SERVICES, LLC, )
)

Defendant.

)

____________________________)

FINAL JUDGMENT AND ORDER OF PERMANENT INJUNCTION
PLEASE TAKE NOTICE that, upon consideration of plaintiff Vesta Corporation's
Motion for Summary Judgment, and after due notice and a hearing, the Court issued its
Memorandum and Opinion on October 3, 2016 granting in part plaintiff Vesta
Corporation's Motion for Summary Judgment and application for permanent injunction ,
and , in light of the foregoing :
1.

IT IS HEREBY ORDERED that defendant Vesta Management Services,

LLC , its officers , directors, agents , servants , employees, members , successors,
assigns, and all those in privity with or in active concert or participation with them are
hereby permanently enjoined and restrained from :

A.

Using plaintiff Vesta Corporation's VESTA service mark or any

confusingly similar mark, symbol , device, logo, word , term or name, or any
combination thereof, in connection with their business or the sale of any goods
and services in any manner or context whatsoever, including on its websites ,
without prior written authorization from plaintiff Vesta Corporation ;

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B.

Engaging in any acts or activities or making any statements or

representations calculated to trade upon plaintiff Vesta Corporation's VESTA
service mark or the reputation or goodwill of plaintiff Vesta Corporation, or in any
manner to falsely designate defendant Vesta Management's goods and/or
services as originating with, being associated with, or sponsored or approved by
plaintiff Vesta Corporation; and
C.

Committing any other act that infringes or dilutes the quality or

value of plaintiff Vesta Corporation's VESTA service mark or constitutes an unfair
trade practice, unfair competition, or false advertising; and
2.

IT IS FURTHER ORDERED to implement the above restrictions, that

defendant Vesta Management Services, LLC its officers, directors, agents, servants,
employees, members, successors, assigns, and all those in privity with or in active
concert or participation with them shall abide by the following implementation schedule:
A.

By November 28, 2016, deliver by first class mail, electronic mail,

and/or personal hand delivery to each tenant of any property owned and/or
managed by defendant a notice of the change of name, including the name
and/or mark that will thereafter be used by defendant; and
B.

By December 9, 2016, remove all reference to plaintiff Vesta

Corporation's VESTA mark or any confusingly similar mark from defendant's
websites, including www.vesta24-7.com and the websites for each property
owned by, managed by, or affiliated in any way with defendant. This restriction
includes the use of the VESTA mark within any email address viewable from the
above websites; and

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C.

By December 16, 2016, destroy:
i.

Any books , printed materials, COs , DVDs, diskettes,

publications , promotional materials, video or audio materials,
packages , labels, cartons , boxes , signs , prints, wrappers ,
receptacles , advertising, or documents or images stored or
transmitted by any electronic means of any type, or affiliated in any
way with defendant Vesta Management Services, LLC , bearing or
otherwise referencing plaintiff Vesta Corporation's VESTA service
mark or any confusingly similar word, term , mark, symbol , device or
logo, or combination thereof; and
ii.

All stationery, business cards, invoices, catalogs ,

advertising materials, including but not limited to brochures,
branding items, business cards , branding items, including but not
limited to mats, flags, signs , name tags, and guest cards , uniforms
or any other material of any type bearing plaintiff Vesta
Corporation's VESTA service mark, or any confusingly similar word ,
term , mark, symbol , device or logo, or combination thereof; and
D.

By January 27, 2017 , revise, amend or otherwise cause all uses or

references to Vesta Corporation's VESTA service mark to be removed from all
corporate filings, investor presentations, management contracts, operating
agreements, corporate vendor agreements, property vendor agreements, name
registrations , payroll services, insurance contracts, accounting software,
licenses, utility contracts, rent contracts , credit cards , and loans or leases; and

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3.

IT IS FURTHER ORDERED that defendant Vesta Management Services,

LLC shall file with the Court within 30 days after each date set forth in Section 2 above,
a report in writing under oath setting forth in detail its compliance with the provisions of
Section 2.
All other relief not included in this Order is hereby denied making this a final
judgment for all purposes.
Signed and entered October 27 , 2016

Lee H. Rosenthal
United State District Judge

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AGREED AS TO FORM
Plaintiff Vesta Corporation

han G. Gibson
State Bar No. 24073131
Federaii.D. No. 1145802
FULKERSON LOTZ LLP

700 Louisiana Street, Suite 5200
Houston, TX 77002-2773
Telephone: [phone]
Facsimile: 713 .654 .5801
Counsel for Defendant Vesta Management Services, LLC

~~

A. Scot Chase
Email : [e-mail]
State Bar No. 04148550
Federaii.D. No. 9915
Law Office of Scot A. Chase
3200 Southwest Freeway, Suite 2350
Houston, Texas 77207
Telephone: [phone]
Facsimile: 832.532.4402

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