Text of Proposed Order Proposed Order — Blueacorn Beringer (Dkt. 15.1)

Summary

A Proposed Order Granting Plaintiff's Motion to Hold Defendants in Contempt of Court and for Award of Damages, Costs, and Fees, Document 15-1 filed 06/16/21 in Civil Action No. 5:21-CV-251-BO, Beringer Commerce, Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc. d/b/a Blueacorn.co and other defendants, in the U.S. District Court for the Eastern District of North Carolina. The 2-page draft would find by clear and convincing evidence that the court's June 11, 2021 TRO Order is a valid decree, that defendants knew of it and have failed to comply in most material respects. It would find continuing irreparable injury from consumer confusion and find the defendants in civil contempt, ordering compliance by June 16, 2021. It leaves damages, costs and fees for separate treatment, and the date is blank.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                      IN THE UNITED STATES DISTRICT COURT
                  FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                                 WESTERN DIVISION
                           Civil Action No. 5:21-CV-251-BO

 BERINGER COMMERCE, INC. d/b/a
 BLUE ACORN iCi,

                   Plaintiff,

                                v.                    PROPOSED ORDER GRANTING
                                                     PLAINTIFF’S MOTION TO HOLD
 FIN CAP, INC. d/b/a “BLUEACORN.CO,”                 DEFENDANTS IN CONTEMPT OF
 BLUE ACORN PPP, LLC, BLUE OAK                         COURT AND FOR AWARD OF
 FOREST, LLC, MICHAEL S. COTA,                         DAMAGES, COSTS, AND FEES
 JIMMY FLORES, STEPHANIE
 HOCKRIDGE REIS, and NATHAN REIS,

                     Defendants.


       Upon consideration of Plaintiff’s Motion to Hold Defendants in Contempt of Court and for

Award of Damages, Costs, and Fees, the Court GRANTS the motion and FINDS that that clear

and convincing evidence supports the following findings:

       1.      This Court’s June 11, 2021 TRO Order is a valid decree of which Defendants FIN

CAP, INC. d/b/a “BLUEACORN.CO,” BLUE ACORN PPP, LLC, BLUE OAK FOREST, LLC,

MICHAEL S. COTA, JIMMY FLORES, STEPHANIE HOCKRIDGE REIS and NATHAN REIS

had actual or constructive knowledge;

       2.      The June 11, 2021 TRO Order was entered in Plaintiff’s favor;

       3.      Defendants have failed to comply with the June 11, 2021 TRO Order in most

material respects and have had adequate notice and opportunity to cure their violations; and

       4.      Plaintiff continues to suffer irreparable injury in the form of actual consumer

confusion, the likelihood of continued consumer confusion, Plaintiff’s inability to conduct its own




       Case 5:21-cv-00251-BO          Document 15-1        Filed 06/16/21     Page 1 of 2
business affairs due to the volume of Defendants’ customer complaints directed to Plaintiff, and

serious reputational harm as a result of Defendants’ refusal to cease their infringing activities and

comply with the June 11, 2021 TRO Order.

       As such, this Court determines that Defendants are in civil contempt based on their

violations of the June 11, 2021 TRO Order, and shall fully and strictly comply with the same no

later than June 16, 2021.

       This Court will separately take up the issue of damages, costs, and fees.



       SO ORDERED, this the ___ day of June, 2021.




                                                      TERRENCE W. BOYLE
                                                      UNITED STATES DISTRICT JUDGE




                                                 2

       Case 5:21-cv-00251-BO           Document 15-1        Filed 06/16/21      Page 2 of 2


File and source

File

gov.uscourts.nced.187990.15.1.pdf

Size

131,363 bytes

SHA-256

eb68aa9f03bbc0fd4949d2050968714a971be1329a6669c376bf3558d4918f4c

Our copy

gov.uscourts.nced.187990.15.1.pdf

Original

PACER (login required)