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Express Oil Change, LLC v. Dix Express Oil Change, Inc.

United States District Court, E.D. Michigan

July 16, 2018

Express Oil Change, LLC, Plaintiff,
v.
Dix Express Oil Change, Inc., Defendant.

          Brian D. Wassom (P60381) Warner Norcross & Judd LLP Attorneys for Express Oil Change, LLC

          Samer Naim Jadallah (P62186) Attorney for Dix Express Oil Change, Inc.

          Elizabeth A. Stafford Magistrate Judge

          STIPULATED ORDER GRANTING MOTION FOR DEFAULT JUDGMENT, AND ENTERING CONSENT JUDGMENT

          HON. VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE

         Plaintiff Express Oil Change, LLC (“Plaintiff” or “EOC”) filed a motion seeking default judgment against Defendant Dix Express Oil Change, Inc., (“Dix” or “Defendant”), which has failed to appear or otherwise defend itself despite having been served with EOC's summons and complaint.

         Dix continues to have not responded to EOC's Complaint or Motion, but instead has consented to the entry of this Order.

         The parties represent that they have reached a confidential settlement of this litigation that includes the entry of this Order.

         The Court finds this Order to be reasonable and good cause exists for entering it.

         Therefore, the Court hereby ORDERS as follows:

         FINDINGS OF FACT

         The following facts are established by Dix's default and by its subsequent stipulation to them.

         1. EOC is one of the leading automotive service providers in the United States, with over 200 company-owned and franchised locations across 13 states. See Complaint (Dkt. 1) ¶10. By virtue of its longstanding and widespread use of the EXPRESS OIL CHANGE mark in connection with these services, EOC is the owner of the famous family of EXPRESS OIL CHANGE trademarks, including, but not limited to, EXPRESS OIL CHANGE, EXPRESS OIL CHANGE 10 MINUTE SERVICE, and EXPRESS OIL CHANGE & SERVICE CENTER. Id. ¶11. EOC's common-law EXPRESS OIL CHANGE marks along with the uses and Registrations reflected in Exhibit A are collectively referred to herein as the “EOC Family of Marks”.

         2. EOC has made an enormous investment in advertising and promoting its products and services under the EOC Family of Marks. See Complaint ¶13. As a result, Plaintiff has acquired valuable goodwill in association with the EOC Family of Marks, which have become widely recognized by the general consuming public of the United States as a designation of source for EOC's services. See id. EOC's customers have come to rely on the EOC Family of Marks as a symbol of quality and reliability. Since long before the acts of the Defendant complained of herein, EOC and/or its affiliates, franchisees and predecessors-in- interest have continuously used one or more of the marks that comprise its EOC Family of Marks in interstate commerce. See id.

         3. Dix operates a business that provides automobile repair and maintenance services under the trade name DIX EXPRESS OIL CHANGE, INC. See id. ¶15. Its physical location has signage using the confusingly similar name “EXPRESS OIL.” In addition, Dix's Facebook page, “Express Oil Change & Service Center” (https://www.facebook.com/pages/Express-Oil-Change-Service-Center/168880389792861) uses the name and service mark EXPRESS OIL CHANGE and the logo “10 MIN EXPRESS OIL” to offer Defendant's services. Complaint ¶17. Collectively, EOC will refer to these as the “Infringing Marks.” Most troublingly, the “About” section of Dix's Facebook page even contains a link to EOC's website ...


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