Hammerhead Entertainment, LLC v. Ennis et al

Filing 9

OPINION AND ORDER the Court GRANTS IN PARTPlaintiff's motion for default judgment and entry of permanentinjunction. Specifically, Default Judgment will be ENTERED withrespect to Counts I, II, and IV. As to Plaintiff's requestedrelief, Defen dants, their agents, servants, employees and allthose persons who are in active concert or participation withDefendants, who receive actual notice of this injunction, arePERMANENTLY ENJOINED from directly or indirectly using, orinducing or contributi ng to the use of, the names and marksWHISKEY RIVER and/or WHISKEY RIVER COUNTRY BAR & GRILL, or anyother name and mark similar to the WHISKY RIVER mark, so as tobe likely to cause confusion, mistake or deception in themarketplace and in the general p ublic. Further, the CourtORDERS Defendants to deliver to Plaintiff for destruction alllabels, signs, prints, packages, wrappers, receptacles, andadvertisements bearing the names and marks WHISKEY RIVER and/orWHISKEY RIVER COUNTRY BAR & GRILL in their possession, and allplates, molds, matrices, and other means of making the same.Such delivery must occur by August 19, 2011. The Court DECLINESPlaintiff's request to cancel Defendant Ennis' application toregister the mark WHISKEY RIVER because the Court concludes thatit lacks the statutory authority to grant such relief at thepresent time.. Signed by District Judge Mark S. Davis on 07/18/11 and filed 07/19/11. (ldab, )