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Shoney's North America Corp., A Georgia Corporation v. Goldmine Hospitality

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION


January 20, 2011

SHONEY'S NORTH AMERICA CORP., A GEORGIA CORPORATION, PLAINTIFF,
v.
GOLDMINE HOSPITALITY, LLC, A FLORIDA LIMITED LIABILITY COMPANY, SOUTHERN HOSPITALITY SERVICES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, DIPANKAR BEN BANERJEE, A FLORIDA RESIDENT, AND MOUSHUMI BANERJEE, DEFENDANTS.

The opinion of the court was delivered by: Judge Trauger

PERMANENT INJUNCTION

It is HEREBY ORDERED that Defendants and their subsidiaries, affiliates, officers, agents, employees and those persons in active concert or participation with them are permanently enjoined:

(i) from using Shoney's trademarks or service marks, including the SHONEY'S trademarks and service marks, or any variant thereof which is colorable imitation of or otherwise likely to be mistaken for or confused with or dilute the distinctiveness of Shoney's trademarks and service marks;

(ii) from maintaining any signs, menus, fixtures, furniture, furnishings or other materials that display or contain the SHONEY'S Marks, or any colorable imitation thereof, and from maintaining any aspects of interior and exterior decor of the Nachitoches Restaurant and Bossier City Restaurant that identify or relate to Shoney's trade dress or a Shoney's restaurant;

(iii) from representing the Nachitoches Restaurant and Bossier City Restaurant operated by Defendants as being in any way associated with Shoney's or its franchise system; and

(iv) requiring Defendants to file with the Court, within fifteen (15) days of entry of this Order, a signed and notarized report showing Defendants' compliance with the Court's injunction, including color pictures depicting Defendants' de-identification of the Nachitoches Restaurant and Bossier City Restaurant.

It is so ORDERED.

ALETA A. TRAUGER U.S. District Judge

20110120

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