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Krystal Co. v. Fab Forty

July 14, 2006

THE KRYSTAL COMPANY PLAINTIFF,
v.
FAB FORTY, INC., FAB FORTY ONE, INC., FAB FORTY TWO, INC. AND TIMOTHY N. BEALS DEFENDANTS.



The opinion of the court was delivered by: Chief Judge Curtis Collier

ORDER

Based upon the Complaint (Court File No. 1), the application and brief in support of Plaintiff The Krystal Company ("Krystal")'s Application for a Temporary Restraining Order (Court File Nos. 2, 3), the declarations of James Richards and Bobby Medlen (Court File Nos. 4,5), and the arguments of counsel at the hearing on July 14, 2006, the Court GRANTS Plaintiff Krystal's Motion for a Temporary Restraining Order. The Court hereby ORDERS:

(1) Defendants Fab Forty, Inc., Fab Forty One, Inc., and Fab Forty Two, Inc. are enjoined from the use of Krystal's trademarks, trade names, logos, designs, and business and merchandising systems.

(2) Defendants Fab Forty, Inc., Fab Forty One, Inc., and Fab Forty Two, Inc. and Timothy Beal are enjoined to comply with the obligations set forth in Section 17.C of the franchise agreement between Krystal and Fab Forty, Inc., dated December 2, 2002, the franchise agreement between Krystal and Fab Forty One, Inc., dated September 17, 2001, and the franchise agreement between Krystal and Fab Forty Two, Inc., dated November 23, 2001.

SO ORDERED.

CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE

20060714

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