Opinion
CASE NO. 4:10-CV-1976 BSM
08-26-2011
CHIPOTLE MEXICAN GRILL, INC. a Delaware Corporation PLAINTIFF v. CHIPOTLES GRILL OF JONESBORO, INC. an Arkansas Corporation, and CHIPOTLES GRILL, INC. an Arkansas Corporation DEFENDANTS
PREPARED BY: Kathryn Bennett Perkins, Arkansas Bar No. 92231 ROSE LAW FIRM, P.A. Little Rock, AR 72201 APPROVED AS TO FORM AND SUBSTANCE: Joe D. Calhoun, Arkansas Bar No. 85021 Rashuana A. Norment, Arkansas Bar No. 20087156 CALHOUN LAW FIRM Little Rock, AR 72225
CONSENT JUDGMENT
This Court, being duly advised that Defendants Chipotles Grill of Jonesboro, Inc. and Chipotles Grill, Inc. consent to a judgment in favor of Plaintiff Chipotle Mexican Grill, Inc., does hereby award judgment to Plaintiff Chipotle Mexican Grill, Inc. against Defendants Chipotles Grill of Jonesboro, Inc. and Chipotles Grill, Inc. as follows:
1. This Court has jurisdiction over the Defendants and the subject matter of the Complaint in this case.
2. Venue is proper in this Court.
3. The Parties have reached a settlement of this matter, which includes the terms set forth below.
THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: A. The Court orders that the preliminary injunction imposed by Order dated June 9, 2011 is hereby made permanent. Defendants are ordered to permanently refrain from using the trademark, service mark, trade name, logo, or any other identifying information such as "Chipotles," "Chipotles Grill," "Chipotles Mexican Grill," "Chipotles Grill Mexican Restaurante" or any other similar mark that would likely cause confusion between Defendant and Plaintiff.
B. The terms of the June 9, 2011 Order are incorporated herein by reference.
C. The Parties will each pay their own attorneys' fees and costs.
D. The Court retains jurisdiction to enforce the terms of the settlement agreement and/or consent judgment if needed.
IT IS SO ORDERED this 26th day of August, 2011.
_____________________________
UNITED STATES DISTRICT JUDGE
PREPARED BY:
Kathryn Bennett Perkins, Arkansas Bar No. 92231
ROSE LAW FIRM, P.A.
Little Rock, AR 72201
APPROVED AS TO FORM AND SUBSTANCE:
Joe D. Calhoun, Arkansas Bar No. 85021
Rashuana A. Norment, Arkansas Bar No. 20087156
CALHOUN LAW FIRM
Little Rock, AR 72225