Opinion
CIVIL ACTION NO. H-14-3569
04-09-2018
CLEARCHOICE HOLDINGS, LLC, Plaintiff, v. CLEAR CHOICE DENTAL PLLC, Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
The Court has conducted a de novo review of the Magistrate Judge's Memorandum and Recommendation (Docket Entry No. 44), to which no objections have been filed. The court concludes that the Memorandum and Recommendation should be ADOPTED.
Accordingly, Plaintiff's Motion for Contempt is DENIED and the scope of the present injunction will be MODIFIED to read as follows:
It is further ADJUDGED that Defendant is ENJOINED from (1) practicing dentistry under the name Clear Choice Dental, PLLC; and (2) operating the domain name www.myclearchoicedental.com. Additionally, Defendant is ORDERED within 30 days from the entry of this Judgment to destroy any remaining marketing materials that contain the name Clear Choice Dental, PLLC, and to provide Plaintiff proof that it has updated its name from "Clear Choice Dental, PLLC" to "Dental Associates of Texas, PLLC" with the Texas Secretary of State.
The Clerk shall send copies of this Order to the respective parties.
SIGNED at Houston, Texas, this 9th day of April, 2018.
/s/_________
SIM LAKE
UNITED STATES DISTRICT JUDGE