Curves Int'l, Inc. v. Fox, C.A. No. 12-12250-RGS, 2013 WL 1946826 (D. Mass. May 9, 2013) (Stearns, D.J.) [Preliminary Injunction]
Curves International, Inc. ("Curves") sought to enjoin Virgnia Chattley Fox ("Fox"), a former franchisee, from using Curves' trademarks. The Court (Stearns, D.J.) granted Curves' motion for a preliminary injunction.
Fox was a franchisee of Curves for five years until the franchise agreement expired on November 2, 2011. Neither party renewed the franchise agreement, but Fox continued to operate a fitness center using the Curves' marks at her formerly-approved franchise location. The facts in this matter were uncontested as Fox neither responded to the complaint nor opposed the motion for preliminary injunctive relief.
The Court found that Curves had shown a reasonable likelihood of success with respect to the merits of its claims. It further "presumed that Fox's operation of a rogue Curves fitness facility will cause irreparable harm to Curves unless injunctive relief is granted." Accordingly, Fox was enjoined from using the trademarks or other Curves materials and the Court, as a preliminary matter, enforced all terms of the franchise agreement, including a one year non-compete clause.
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