United States District Court, E.D. North Carolina, Western Division
FINAL JUDGMENT ON CONSENT.AND PERMANENT
C. DEVER III, UNITED STATES DISTRICT JUDGE
Plaintiffs Edible Arrangements, LLC and Edible IP, LLC
(collectively "Plaintiffs") and Defendant Kenrick
Smith d/b/a Edible Fruit Arrangements ("Defendant")
have reached the following agreement in settlement of this
action, and consent to the entry of this Final Judgment on
Consent and Permanent Injunction, based upon the following
stipulated findings of fact and conclusions of law, which
this Court hereby adopts for the purposes of the entry of
this Final Judgment on Consent and Permanent Injunction.
Plaintiffs own and use various marks comprising or containing
the terms EDIBLE or EDIBLE ARRANGEMENTS, either alone and/or
with other words or designs, in connection with a variety of
goods and services, including without limitation various
fresh and processed fruit products and related retail
services (collectively, the "EDIBLE Marks").
Plaintiffs own and use marks comprising a daisy design,
featuring six petals and a spherical center, in connection
with a variety of goods and services, including without
limitation various fresh and processed fruit products and
related retail services (the "Daisy Design Marks").
Plaintiff Edible IP, LLC owns numerous U.S. trademark
registrations and applications for the EDIBLE Marks and for
the Daisy Design Marks, including without limitation those
shown on Exhibit A attached hereto.
Defendant has operated an online floral and gift business
under the name "Edible Fruit Arrangements," or
variations thereof including "Eatable Fruit
Arrangements," and has advertised that business at a
website ("Smith's Website") located at
("Smith's Domain Names").
November 12, 2018, Plaintiffs filed the initial complaint in
this action asserting claims against Defendant for trademark
infringement, trade dress infringement, false designations of
origin, unfair competition, and cyberpiracy under the Lanham
Act, 15 U.S.C. §1051 et seq.; unfair
competition under the common law of the State of North
Carolina; and unfair or deceptive trade practices under N.C.
Gen. Stat. § 75-1.1 et seq..
response to the filing of this action, Smith does not contest
liability for Plaintiffs' claims and has disabled
parties have agreed to resolve this litigation upon the terms
set forth in this Final Judgment on Consent and Permanent
HEREBY ORDERED, ADJUDGED AND DECREED as follows:
Court has jurisdiction over the parties and over the subject
matter in issue, and venue is proper in this District.
Defendant acknowledges and agrees not to challenge the
validity of the EDIBLE Marks and the Daisy Design Marks.
Defendant, any persons or entities he controls, and any other
persons or entities in active concert or participation with
any of them, are hereby permanently enjoined and restrained
A. Using, displaying, advertising, promoting, registering or
seeking to register, or incorporating into any domain name,
social media user name or title or post, hashtag, HTML code,
search engine result listings, search engine optimization,
website title, website metadata, website meta names, website
metatags, or website meta descriptions, any term or terms
comprising or containing the ...