Professional Documents
Culture Documents
SCLC, INC., )
)
Plaintiff, )
)
v. ) Cause No. 3:17-cv-193-RLY-MPB
)
MARIE KETTERING AND )
LANNY TYNDALL, )
)
Defendants. )
Comes now the Plaintiff, SCLC, Inc. (SCLC), by counsel, pursuant to Trial Rule
65 and L.T.R. 65-2, and moves the Court for entry of a Temporary Restraining Order
enjoining the Defendants, Marie Kettering (Kettering) and Lanny Tyndall (Tyndall)
operated by SCLC (the SCLC Website) for the sale of shoes. The grounds for this
1. On November 22, 2017, SCLC filed its Verified Complaint (the Complaint)
alleging that the Defendants are actively engaged in misappropriation of SCLC trade
dress and trademark on their respective websites in order to sell athletic shoes. Kettering
is the owner of the domain name daretodreamwebdesign.com, and offers and sells
Website). Tyndall is the owner of the domain name afordrunning.com offers and sells
displays the SCLC trademark SHOE CARNIVAL with identical font and coloring and
also uses photographs which are the property of SCLC and which have been used at
3. There is a substantial likelihood that SCLC will establish at trial that the
Defendants have intentionally engaged in trade dress and trademark infringement by their
unauthorized use of SCLCs trade dress and trademarks on their respective websites in
order to deceive the public into believing that they are Shoe Carnival.
4. The Defendants are actively engaged in the sale of footwear using the
SCLC trade dress and trademark and SCLC is suffering irreparable harm as a result.
irreparable harm to the public that would result from the Defendants continued
6. Any harm to the Defendants from immediately enjoining their use of the
SCLC trade dress and trademark would be outweighed by the actual and potential harm
which would result from their continued unauthorized use of the SCLC trade dress and
trademark.
that a diligent attempt has been made to locate the Defendants and provide service of the
Complaint on them; however, neither SCLC nor its counsel believe in good faith that the
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Case 3:17-cv-00193-RLY-MPB Document 8 Filed 11/30/17 Page 3 of 4 PageID #: 46
addresses found for the Defendants are likely valid and further believe that it is not
WHEREFORE, SCLC prays that the Court issue a Temporary Restraining Order
restraining the Defendants, Kettering and Tyndall, from doing any of the following on the
(2) using any other false description or representation or any other thing
marketplace with regard to SCLCs protectable trade dress in the look and
(3) ordering such other relief as is just and proper in the premises.
Respectfully submitted,
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CERTIFICATE OF SERVICE
I certify that on the 30th day of November, 2017, a copy of Motion for Temporary
Restraining Order was served via U.S. mail on the following parties:
Marie Kettering
6930 NE 16th Street
Trenton, NJ 48129
Lanny Tyndall
9315 SW 57th St
Enfield, NH 03798