ESTEFAN ENTERPRISES, INC. v. COCO BONGO, INC.

Full title: ESTEFAN ENTERPRISES, INC., a Florida corporation, Plaintiff, v. COCO…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Sep 7, 2005

Case No. 8:05-CIV-810-T-17TGW (M.D. Fla. Sep. 7, 2005)

Opinion

Case No. 8:05-CIV-810-T-17TGW.

September 7, 2005

ORDER FOR PERMANENT INJUNCTION

ELIZABETH KOVACHEVICH, Chief Judge, District

The Court, having considered Plaintiff's Motion for Entry of Permanent Injunction, and based thereon,

IT IS ORDERED AND ADJUDGED THAT:

1. Plaintiff's Motion for Entry of Permanent Injunction (Docket No. 11) be and the same is hereby granted.

2. Defendant, and its agents, officers, servants, employees, successors and assigns and all others acting in concert or in privity with Defendant, shall be and is hereby permanently enjoined and restrained from using, imitating and/or copying Plaintiff's BONGOS CUBAN CAFÉ mark or any identical or substantially similar derivation thereof, including, but not limited to, "Club Coco Bongo," "Coco Bongo Night Club," "Coco Bongo Tampa Night Club" and/or www.clubcocobongo.com and from imprinting, producing, marketing, selling, transporting, distributing, moving and/or otherwise circulating any and all services or products which bear Plaintiff's BONGOS CUBAN CAFÉ mark, or any identical or substantially similar derivation thereof, including, but not limited to, "Club Coco Bongo," "Coco Bongo Night Club," "Coco Bongo Tampa Night Club" and/or www.clubcocobongo.com.

3. Defendant, and its agents, officers, servants, employees, successors and assigns and all others acting in concert or in privity with Defendant, shall be and is hereby permanently enjoined and restrained from using Plaintiff's BONGOS CUBAN CAFÉ marks or any color able simulation or imitation thereof, including, but not limited to, "Club Coco Bongo," "Coco Bongo Night Club," "Coco Bongo Tampa Night Club" and/or www.clubcocobongo.com" in connection with any promotion, advertisement, display, sale or circulation of any services or products, which in any way might, could or does falsely relate or associate Defendant with Plaintiff.

4. The Court shall maintain continuing jurisdiction over this action to enforce this Permanent Injunction against Defendant.

5. The Clerk of Court is directed to close this case and terminate any pending motions.

DONE AND ORDERED.