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Two Men and a Truck/International, Inc. v. Arcel

United States District Court, D. Montana

December 8, 2017

TWO MEN AND A TRUCK/INTERNATIONAL, INC., Plaintiff,
v.
KEVIN ARCEL, individually and d/b/a "2 GUYS & A TRUCK, " Defendant.

          FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

         Plaintiff Two Men and a Truck/International, Inc. ("Plaintiff") and Defendant Kevin Areel, individually and doing business as "2 Guys & a Truck" ("Defendant") have reached an agreement in settlement of this dispute between them and have consented to the entry of Final Judgment and Permanent Injunction on Consent ("Consent Judgment"), based on the following stipulated findings of lad and conclusions of law, which the Court hereby adopts for purposes of entry of this Consent Judgment.

         FINDINGS OF FACT AND CONCLUSIONS OF LAW

         1. Plaintiff is a Michigan corporation having a principal place of business at 3400 Belle Chase Way, Lansing, Michigan 48911.

         2. Plaintiff, the largest franchised local moving company in the United States, is a nationwide franchiser engaged in licensing the use of its TWO MEN AND A TRUCK service mark and moving-services operating system. Presently, there are over three hundred and fifty (350) TWO MEN AND A TRUCK locations in forty-two (42) states within the United States licensed by Plaintiff, and there are over three thousand (3, 000) moving trucks operating throughout the United States displaying the TWO MF.N AND A TRUCK marks.

         3. Each TWO MEN AND A TRUCK franchise is operated pursuant to a franchise agreement under which Plaintiff imposes certain obligations and retains certain rights to help ensure the protection of Plaintiffs service marks and the uniform quality of services provided by Plaintiffs franchisees in the TWO MEN AND A TRUCK franchise system.

         4. Plaintiff has two franchised TWO MEN AND A TRUCK locations in the State of Montana, including a TWO MEN AND A TRUCK location serving Whitefish, Montana, and the surrounding area.

         5. Plaintiff, itself or through its franchisees, has used the TWO MEN AND A TRUCK name and service mark, either standing alone or in combination with design elements, in connection with moving-related services since at least as early as 1988. Plaintiffs use of its TWO MEN AND A TRUCK name and service mark has been valid and continuous since the date of first use and has not been abandoned.

         6. Plaintiff is the owner of the following federal service mark registrations for moving-related services:

a. U.S. Trademark Reg. No. 1, 953, 964, issued by the United States Patent and Trademark Office(“USPTO") on February 6, 1996, for the mark TWO MEN AND A TRUCK & Design, depicted below, for "moving services; namely, the provision of trucks and labor for packing, loading, delivery, and unloading of goods and driving of trucks rented by the customers''
(Image Omitted)
b. U.S. Trademark Reg. No. 2, 020, 083, issued by the USPTO on December 3, 1996. for the mark TWO MEN AND A TRUCK Tor "moving van services, namely providing movers and fuck for local moves";
c. U.S. Trademark Reg. No. 2, 217, 107, issued by the USPTO on January 12, 1999, Tor the design mark depicted below, for "moving services, namely, the provision of trucks and labor for packing, loading, delivery', and unloading of goods and driving of trucks rented by the customers";
d. U.S. Trademark Reg. No. 3, 996, 814, issued by the USPTO on October 18, 2005, for the mark TWO MEN AND A TRUCK for "moving services; namely, the provision of trucks and labor for packing, loading, delivery, and unloading of goods and driving of trucks rented by the customers";
e. U.S. "Trademark Reg. No. 3, 006, 815, issued by the USPTO on October 18, 2005, for the mark TWO MEN AND A "TRUCK & Design, depicted below, for "moving services; namely, the provision of trucks and labor for packing, loading, delivery, and unloading of goods and ...

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