Case 1:09-cv-00767-WTL-TAB Document 21 Filed 08/20/09 Page 1 of 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

KRISPY KREME DOUGHNUT )

CORPORATION, and )
HDN DEVELOPMENT CORPORATION )
)
Plaintiffs, )
)
v. ) Case No.: 1:09-cv-0767-WTL-TAB
)
LANDMARK MEDIA GROUP, INC., and )
JOHN D. KELLER )
)
Defendants. )
____________________________________)

JUDGMENT

This cause having come for hearing before the Court, and upon the Motion for

Default Judgment submitted by Plaintiffs, it is hereby ORDERED, ADJUDGED, and

DECREED that:

1. This Court has jurisdiction over the parties to and subject matter of this
action.

2. Venue in this action is proper in the Southern District of Indiana.

3. As Defendants, Landmark Media Group, Inc. and John D. Keller, have

been properly served, have failed to timely appear in this action and the
Court having entered a default on the record, the Court will now enter a
default judgment against Defendant as follows.

4. Plaintiffs are the owner of the trademark Krispy Kreme in connection

with, among other food and beverage products, doughnuts, pies, doughnut
holes and restaurant services. Plaintiffs’ Krispy Kreme trademarks listed
in the Complaint are hereby decreed to be valid and owned by Plaintiff,
and Plaintiffs have priority over Defendant and are entitled to protection
under the Lanham Act and under the laws of the State of Indiana.

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5. Plaintiffs’ Krispy Kreme marks are used by Plaintiffs to identify their

doughnuts, pies, doughnut holes and restaurant services and products
throughout the United States and have come to identify Plaintiffs and their
services in the marketplace.

6. Defendants’ use of the term Krispy Kreme in connection with its business,
the promotion, marketing and sale of counterfeit discount cards for Krispy
Kreme products, is likely to cause confusion or mistake, or to deceive
potential customers as to the source of such goods and services, and as a
result, Defendant has willfully infringed and engaged in unfair
competition with Plaintiff and its Krispy Kreme trademarks.

7. Pursuant to 15 U.S.C. § 1116, John D. Keller and Landmark Media Group,

Inc., their officers, directors, agents, servants, employees, representatives,
partners and all persons in active concert or participation with them are
hereby enjoined and restrained, directly or indirectly, and ordered:

(a) to immediately cease all use of the term “Krispy Kreme” or any
variation or colorable imitation, or any word that is confusingly
similar thereto; and are hereby permanently enjoined from further
infringement, unfair competition, passing off, counterfeiting and
false designation of origin of Plaintiffs’ Krispy Kreme trademarks;

(b) to immediately cease creating, purchasing, acquiring, distributing

or selling any materials, including but not limited to Defendants
“Food and Fun Card”, bearing the Krispy Kreme trademarks, or to
advertise, promote or mention Krispy Kreme or offering goods or
services that mention Krispy Kreme, and surrendering to Plaintiffs
all such materials currently in its possession or control for
destruction;

(c) to provide Plaintiffs with a complete list of all persons and

organizations who have been contacted by Defendants, or who
Defendants have contacted, regarding the distribution, promotion
or sale of Defendants “Food and Fun Card” that were allegedly
redeemable at Plaintiffs’ Krispy Kreme stores, within ten (10) days
of this Order.

(d) to provide Plaintiffs with a complete list of all persons or

organizations, including address, phone, email and contact person,
who have purchased or acquired Defendants’ “Food and Fun Card”
that were redeemable at Plaintiffs’ Krispy Kreme stores, within ten
(10) days of this Order.

(e) to send a letter, approved in advance by Krispy Kreme, to each

person or organization who has purchased or acquired Defendants

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“Food and Fun Card” that were redeemable at Plaintiffs’ Krispy

Kreme stores, within ten (10) days of this Order, via both U.S. mail
and email or facsimile which states:

(i) Defendants are not connected affiliated with or approved

by Krispy Kreme;

(ii) Defendants were not authorized to use Plaintiffs’ Krispy

Kreme trademarks to sell or distribute Defendant’s “Food
and Fun Card” redeemable at Plaintiffs’ Krispy Kreme
stores;

(iii) Defendants are not a charity and Defendants have no right

to use the Krispy Kreme trademarks on any goods or
services whatsoever.

(iv) Defendants request that each person and organization who

purchased or acquired the Defendants “Food and Fun Card”
from Defendants that were redeemable at Plaintiffs’ Krispy
Kreme stores, to return all of Defendant’s “Food and Fun
Cards” in their possession to Defendants within ten (10)
days for a full refund from Defendants of the purchase
price.

(f) to remove all references to the “Food and Fun Card” from all of
Defendants’ internet websites, including but not limited to
www.landmarkmediagroup.com and www.foodandfuncard.com.

(g) to immediately remove, and request that its web hosting service
insure such removal, as well as all uses of the term “Krispy
Kreme” from any of Defendants’ websites, including use on
metatags.

8. Defendant is further ordered to submit to this Court, within fourteen (14)

days of entry of this Order, an affidavit setting forth in detail the steps
taken to effectuate the terms of this Order and certifying its complete
compliance with this Order.

9. Jurisdiction of this case is retained by this Court for the sole purpose of
enforcement of compliance with this Order, and for further Orders and
directions as may be necessary or appropriate for the construction of this
Order.

10. Except for the relief granted herein, the above identified Civil Action,
including all claims, counterclaims, and affirmative defenses which

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Plaintiffs or Defendant have, could have or should have accorded therein,

are hereby dismissed with prejudice.

11. Each of the parties shall bear their own costs and attorneys’ fees incurred
up and to the entry of this Order.

08/20/2009
Dated: _________________________ Entered:_____________________________
Judge ________________________
United States District Judge

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

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