Fantastic Sams Franchise Corporation v. Mosley

Filing 30

ORDER and PERMANENT INJUNCTION. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FANTASTIC SAMS FRANCHISE CORPORATION,
Plaintiff,
v.
GERALD MOSLEY,
Defendant.

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February 15, 2017
David J. Bradley, Clerk

CIVIL ACTION H-16-2318

ORDER
Pending before the court is plaintiff Fantastic Sams Franchise Corporation’s (“Fantastic
Sams”) motion for a permanent injunction to require defendant Gerald Mosley to comply with the
Fantastic Sams Salons Corporation License Agreement (the “Agreement”). Dkt. 22. A hearing was
held on February 14, 2017. Based on the Agreement, the motion, the response, the reply, the
arguments made at the hearing, and the applicable law, the court is of the opinion that a permanent
injunction should be GRANTED IN PART.
The court ORDERS as follows:
1. For a period of two years from April 17, 2016, Defendant and all those who act in concert or
participation with him are HEREBY ENJOINED from directly or indirectly participating as an
owner, partner, member, director, officer, employee, consultant, lender, or agent, or serve in any
other capacity in any business engaged in the sale or rental of products or services the same as or
substantially similar to those of the Fantastic Sams System, within a five mile radius of his former
Fantastic Sams salon, including, without limitation, the competing hair salon located at 14710
Mueschke Rd. Suite 500 Cypress, TX 77429; and

2. Defendant and all those who act in concert or participation with him are HEREBY ENJOINED
from conducting business in any manner that gives the general public the impression that the
Fantastic Sams Salons Corporation License Agreement is still in force or that Defendant is in any
way associated with Fantastic Sams.
Signed at Houston, Texas on February 15, 2017.

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Gray H. Miller
United States District Judge

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