United States District Court, W.D. Michigan, Southern Division
S & H LEASING, LLC, doing business as S & H MOTOR SALES AND LEASING, an Indiana limited liability company, Plaintiff,
S&H AUTOMOTIVE GROUP, LLC, a Michigan limited liability company, BRANDON SMITH and PAUL HARGREAVES, Defendants.
Phillip J. Green Magistrate Judge
L. Maloney United States District Judge
Leasing, LLC, doing business as S&H Motor Sales and
Leasing (“Plaintiff” or “S&H”),
Brandon Smith (“Smith”) and S&H Automotive
Group (“SHAG”), certain of the parties in the
above-captioned action, have agreed to terms and conditions
representing a negotiated settlement of Plaintiff's
claims against Defendants Smith and SHAG and have set forth
those terms and conditions in a Settlement Agreement (the
“Settlement Agreement”), the terms and conditions
of which are hereby incorporated into this Judgment by
reference. Now the parties, by their respective undersigned
attorneys, hereby consent to the entry of this Judgment and
Permanent Injunction, based on the following stipulated
findings of fact and conclusions of law, which the Court
hereby adopts for purposes of entry of this Judgment.
OF FACT AND CONCLUSIONS OF LAW
Plaintiff S&H is an Indiana limited liability company
which has its principal place of business at 51466 State Road
19, Elkhart, Indiana, 46514. Its two members are Keith Harper
and Kathy Summers-Harper, both of whom are residents of
S&H has been in the business of buying, selling, and
financing quality used cars, SUVs, and trucks in Elkhart,
Indiana since 2009. S&H has developed a reputation for
selling high-quality preowned vehicles and providing superior
customer service and a hassle-free buying experience since
2009. In addition, S&H spends a substantial amount
annually to advertise its business on the Internet, and to
develop and maintain its reputation in the marketplace.
is a Michigan limited liability company. Its principal
business address is 2640 S. 11th Street, Niles,
Michigan, 49120. One of SHAG's members is Defendant
Beginning in 2016, SHAG began buying, selling, and financing
used cars, SUVs, and trucks. SHAG's business activities
have led to confusion in the marketplace between S&H and
SHAG and is likely to dilute and does dilute the distinctive
quality of S&H's trademark and trade dress.
SHAG's use of the “S&H” mark and the
trade dress used by S&H is likely to injure and does
injure S&H's business reputation.
January 13, 2017, S&H initiated this action by filing a
Complaint against Defendants alleging trademark infringement
and use of false designations of origin under 15 U.S.C.
§1125(a); for trade dress infringement under 15 U.S.C.
§1125(a); for violation of the Michigan Consumer
Protection Act, MCL §445.903; and for unfair competition
and unjust enrichment under Michigan common law.
of the Defendants has been properly served with a copy of the
Summons and Complaint. In addition, each of the Defendants
was properly served with Plaintiff's Motion for
Preliminary Injunction. Defendants Smith and SHAG have
appeared in this litigation. Defendant Hargreaves did not and
so has been defaulted.
Court has subject matter jurisdiction over Plaintiff's
claims pursuant to 15 U.S.C. §1121(a) and 28 U.S.C.
§§1331 and 1338(a) and (b), and supplemental
jurisdiction over the claims arising under Michigan law
pursuant to 28 U.S.C. §1367(a) because the state law
claims are sufficiently related to the federal claims that
they form part of the same case or controversy. This Court
therefore also has subject matter jurisdiction over any
actions to enforce the terms of this Judgment.
Court has both general and specific personal jurisdiction
over Defendants consistent with MCL §600.711 and 600.715
because each Defendant is a citizen and resident of this
district and physically located in this district.
Venue is proper in this judicial district pursuant to 28
U.S.C. §1391(b) and (c).