Opinion
Civil Action No. 3-01 CV 2072-P
June 24, 2003
PERMANENT INJUNCTION AGAINST DEFENDANTS MJT CONSULTING GROUP, LLC, MARC W. GUNDERSON AND E-GOLF INVESTMENTS, LLC
ON THIS DAY, CAME TO BE CONSIDERED, the Agreed Motion for Entry of Permanent Injunction Against Defendants MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC and of Dismissal as to MJT Consulting Group, LLC, Marc W. Gunderson and E-Golflnvestments, LLC filed by Plaintiff Taylor Made Golf Company, Inc. d/b/a Taylor Made-Adidas Golf Company ("Taylor Made") and Defendants MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC (collectively referred to as the "Defendants"). After review of the pleadings on file, this Court is of the opinion that such Permanent Injunction should be entered.
Therefore, IT IS HEREBY ORDERED mat Defendants MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC and their agents, servants, employees, representatives, and all other persons, firms or corporations in active concert or participation with MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC who receive actual notice of this Order (the "Defendants"), be enjoined and restrained from:
1. Directly or indirectly using, making, distributing, or trafficking in any counterfeit or infringing merchandise that pictures, reproduces or utilizes the likeness of, copies, bears a substantial similarity to, or constitutes a colorable imitation of, any of Taylor Made's trademarks, service marks, or trade dress (the "Taylor Made Marks"), including without limitation those marks described in Taylor Made's Complaint, in any manner, including, but not limited to:
(a) Manufacturing, importing, distributing, selling, and/or offering for sale, any counterfeit or infringing products including, but not limited to golf clubs and golf club components therefor that picture, reproduce, utilize the likeness of, bear a substantial similarity to, or carry a colorable imitation of, any of the Taylor Made Marks.
(b) Manufacturing, importing, distributing, selling, and/or offering to sell any promotional materials, labels, packaging or containers that picture, reproduce or utilize the likeness of, bear a substantial similarity to, or carry a colorable imitation of, and which infringe upon, any of the Taylor Made Marks.
2. Using any trademark, service mark, trade name, logo, design, word, term, name, symbol or device that falsely represents, or is likely to confuse, mislead or deceive purchasers, the Defendants' customers, or members of the public (i) as to the nature, characteristics, qualities, or origin of any merchandise bearing any of the Taylor Made Marks, (ii) that merchandise manufactured, distributed, advertised, sold and/or offered for sale by the Defendants originates directly from Taylor Made, or (iii) that said merchandise has been sponsored, approved, or licensed by or associated with Taylor Made or are in some way connected or affiliated with Taylor Made if in fact such merchandise has not been sponsored, approved, or licensed by or associated with Taylor Made.
3. Making or placing any telephone cells, electronic mails, internet communications or any other oral, written or electronic communication soliciting sales for or offering or advertising any golf clubs or golf club components, by representing that such products are Taylor Made products, comparing such products to Taylor Made products, or in any using way using any Taylor Made Mark, if such products are not in fact Taylor Made products.
4. Destroying or manipulating of:
(a) Merchandise bearing any of the Taylor Made Marks.
(b) Any promotional and advertising material labels, packages, wrappers, containers, and any other unauthorized items which picture, reproduce or utilize the likenesses of or copy or bear a substantial similarity to any of the Taylor Made Marks which reproduce, copy, counterfeit, imitate or bear any of the Taylor Made Marks.
(c) Any molds, screens, patterns, plates or negatives used specifically for making or manufacturing products which picture, reproduce or utilize the likenesses of or copy or bear a substantial similarity to any of the Taylor Made Marks.
(d) Any sales journals, supplier journals, customer journals, ledgers, invoices, purchase orders, inventory control documents, bank records, catalogues, recordings of any type whatsoever and all other business records including computer disks, and computer files and documents believed to concern the manufacture, purchase, advertising, sale or offering for sale of such products which picture, reproduce or utilize the likenesses of or which copy or bear a substantial similarity to any of the Taylor Made Marks.
Taylor Made's bond in the amount of $5,000 filed pursuant to Federal Rule of Civil Procedure 6S(c) is hereby released.
SO ORDERED.
ORDER OF DISMISSAL AS TO MJT CONSULTING GROUP, LLC, MARC W. GUNDERSON AND E-GOLF INVESTMENTS, LLC
ON THIS DAY, CAME TO BE CONSIDERED, the Agreed Motion for Entry of Permanent Injunction Against MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC and of Dismissal as to MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC in the above-entitled and numbered cause. After review of same, the Court ORDERS:1. That the claims asserted by Plaintiff, Taylor Made Golf Company, Inc., d/b/a Taylor Made-Adidas Golf Company against Defendants MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC are hereby dismissed with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, with each party to bear its own costs and attorneys' fees.
2. This Court shall retain jurisdiction to enforce the Permanent Injunction entered by this Court and the Settlement Agreement and Release between Taylor Made and Defendants MJT Consulting Group, LLC, Marc W. Gunderson and E-Golf Investments, LLC.
SO ORDERED.