Huntington Learning Centers Inc v. BMW Education LLC et al

Filing 7

ORDER signed by Judge Rudolph T Randa on 06/22/2010 granting 2 Motion for TRO; and/or Motion for Preliminary Injunction. (cc: all counsel; via US Mail to BMW Education, LLC, Paul B. Butler and Kathleen M. Butler) (Koll, J)

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF WISCONSIN

H U N T I N G T O N LEARNING C E N T E R S , INC., P l a in tif f , C a s e No. 10-C-516 -vsB M W EDUCATION, LLC, P A U L B. BUTLER and K A T H L E E N M. BUTLER, Defendants.

T E M P O R A R Y RESTRAINING ORDER A N D /O R PRELIMINARY INJUNCTION

W H E R E A S , Plaintiff Huntington Learning Centers, Inc. ("Huntington") has av erred that BMW Education, LLC ("BMW"), Paul B. Butler and Kathleen M. Butler, w ith o u t authorization or license, has utilized and is utilizing Huntington's trademarks, s e rv ic e marks and logos ("Huntington Marks") in violation of the Lanham Act, 15 U.S.C. § 1051 et seq.; W H E R E A S , Huntington has further averred that defendants have operated and a re operating supplemental education services businesses in competition with Huntington in v io latio n of a restrictive covenant; W H E R E A S , Huntington has established the validity of the Huntington Marks a n d its ownership of the Huntington Marks;

W H E R E A S , the restrictive covenant defendants entered into with Huntington, a s modified, is reasonable and necessary to protect Huntington's legitimate business in ter e sts ; WHEREAS, Huntington has demonstrated that it will suffer irreparable harm in the absence of preliminary injunctive relief, that traditional legal remedies are inadequate a n d a substantial likelihood of success on the merits of its claims; and W H E R E A S , the balance of harms to Huntington if the injunction is not issued o u tw e ig h the balance of harms to defendants if the injunction is issued. N O W , THEREFORE, this matter having been brought before the Court by P lain tiff Huntington Learning Centers, Inc. ("Huntington"); IT IS on this 22nd day of June, 1010. O R D E R E D that effective immediately, BMW Education, LLC, Paul B. Butler a n d Kathleen M. Butler, their employees, agents, affiliates, subsidiaries, independent c o n tra c to rs , and all those who act in concert or participation with them, are hereby enjoined a n d restrained from: (1) marketing or promoting supplemental education services, in d iv id u a liz e d instruction in reading, phonics, study skills, mathematics, or related areas and a n y other businesses, together with or separate from the Huntington Marks at 4874 South 74 S tre e t in Greenfield, WI ("Greenfield Center") or 2205 North Calhoun Road, Suite 13 in B ro o k f ie ld , WI ("Brookfield Center") or within a twenty five mile radius of them or any o th e r Huntington Learning Center; (2) diverting or attempting to divert any present or p ro s p e c tiv e business or customer of any Huntington Learning Center to any Huntington

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c o m p e tito r; or (3) owning, maintaining, operating, engaging in, being employed by, being a consultant to or having any interest in (as owner or otherwise), any business that is the s a m e as, or similar to, a Huntington Learning Center within twenty-five (25) miles of the G re e n fie ld or Brookfield Centers or any other Huntington Learning Center through April 25, 2012. IT IS FURTHER ORDERED that effectively immediately, BMW Education, L L C , Paul B. Butler and Kathleen M. Butler, their employees, agents, affiliates, subsidiaries, in d e p e n d e n t contractors, and all those who act in concert or participation with them shall re tu rn to or provide to Huntington: (a) all Huntington confidential information associated w ith the Greenfield and Brookfield Centers, including, but not limited to, the Operations M a n u a l and curriculum; (b) all Greenfield and Brookfield Centers student contracts; (c) a list o f all Greenfield and Brookfield Centers customer names; (d) contact information for each G re e n fie ld and Brookfield Center customer; and (e) assign to Huntington all telephone n u m b e r s associated with the Greenfield and Brookfield Centers. D a te d at Milwaukee, Wisconsin, this 22nd day of June, 2010. S O ORDERED,

s / Rudolph T. Randa HON. RUDOLPH T. RANDA U.S. District Judge

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