The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PREMIER FRANCHISE
MANAGEMENT LLC,
Plaintiff,
v. Case No: 6:23-cv-2364-JSS-LHP
POOLSCAPES FLORIDA, INC.,
PINNACLE POOLS & SPAS CF,
INC., PINNACLE POOLS & SPAS
FLORIDA, INC., PINNACLE POOL
COMPANY, INC., PINNACLE POOL
CONSTRUCTION, INC., ANDREA
N. SZAFRAN, and MATTHEW R.
SZAFRAN,
Defendants.
___________________________________/
ORDER
The parties jointly move the court to enter a stipulated permanent injunction.
(Dkt. 88; see Dkts. 88-1, 88-2 (the stipulated permanent injunction and its exhibit).) In
the joint motion, Plaintiff represents that entry of the injunction “resolves the
injunctive relief” it seeks in its motion for preliminary injunction (Dkt. 40) and
amended complaint (Dkt. 29) but does not fully resolve this case because Plaintiff
“may continue to seek the monetary relief sought in the [a]mended [c]omplaint.”
(Dkt. 88 at 2; see Dkt. 29 at 20–24.) Upon consideration, for the reasons that follow,
the court grants the joint motion (Dkt. 88), enters the stipulated permanent injunction
below, and denies as moot Plaintiff’s motion for preliminary injunction (Dkt. 40).
Federal Rule of Civil Procedure 65 requires “[e]very order granting an
injunction” to “state the reasons why [the injunction] issued,” “state [the] terms [of
the injunction] specifically,” and “describe in reasonable detail—and not by referring
to [a] complaint or other document—the act or acts restrained or required” by the
injunction. Fed. R. Civ. P. 65(d)(1). “The [c]ourt issues the injunction set forth below
because [Defendants have] consented to its terms and because its issuance obviates the
need for any further litigation regarding” the injunctive relief sought in the amended
complaint. See Sec. & Exch. Comm’n v. Rivers, 272 F.R.D. 607, 608 (M.D. Fla. 2011)
(citing Chathas v. Local 134 Int’l Bhd. of Elec. Workers, 233 F.3d 508, 513 (7th Cir. 2000)).
“The [c]ourt additionally finds that the terms of the injunction are set forth with
specificity and that the acts restrained or required are described in sufficient detail to
‘apprise those within its scope of the conduct that is being proscribed.’” See id. (quoting
Brown v. Ala. Dep’t of Transp., 597 F.3d 1160, 1185 (11th Cir. 2010)).
Accordingly:
1. The parties’ joint motion (Dkt. 88) is GRANTED.
2. Plaintiff’s motion for preliminary injunction (Dkt. 40) is DENIED as moot.
3. The following stipulated permanent injunction is ENTERED:
STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS
THIS MATTER having been brought before the Court by way of a Joint
Motion for Entry of a Stipulated Permanent Injunction Against Defendants, and good
cause having been shown:
IT IS HEREBY ORDERED that Poolscapes Florida, Inc. (now named
Pinnacle Pool & Spa Company), Pinnacle Pools & Spas CF, Inc., Pinnacle Pools &
Spas Florida, Inc., Pinnacle Pool Company, Inc., Pinnacle Pool Construction, Inc.,
Andrea N. Szafran (a/k/a Andrea Bannon), and Matthew R. Szafran (a/k/a Matthew
Ross) (individually, collectively and in any combination, “Defendants”), along with
all of their officers, agents, servants, employees, representatives, successors and
assigns, and all those persons or entities acting in concert or participation with them,
are hereby PERMANENTLY ENJOINED, jointly and severally, from using in any
manner the phrase “a passion for splashin’,” the name “Pinnacle,” the name “Pinnacle
Pools & Spas,” the name “Pinnacle Pool & Spa,” the name “Premier,” the name
“Premier Pools & Spas,” the name “Premier Pool & Spa,” any other registered
trademark/logo of Premier Franchise Management LLC (“Premier”), or any
variations thereof or any names/logos confusingly similar thereto, alone or in
combination with the logo with the white water waves design underneath and/or the
surrounding blue oval design (logo attached hereto as Ex. A), including without
limitation: (i) in a business name (including without limitation, “Pinnacle Pool & Spa
Co.”, “Pinnacle Pool & Spa Company”, “Pinnacle Pools & Spas CF, Inc.”, “Pinnacle
Pools & Spas Florida, Inc.”, “Pinnacle Pools Company, Inc.” and/or “Pinnacle Pools
Construction, Inc.”); (ii) in connection with any website (including without limitation,
the website www.pinnaclepoolco.com); (iii) in connection with any email account
(including without limitation, @pinnaclepoolco.com, @pinnpool.com, and
@pinnpools.com ); (iv) in connection with any social media site; (v) in connection
with any marketing, advertising or promotion; (vi) in connection with any telephone
numbers and/or listings; (vii) in connection with any signage; and/or (viii) in
connection with any pool design plans.
IT IS FURTHER ORDERED that Defendants, along with all of their officers,
agents, servants, employees, representatives, successors and assigns, and all those
persons or entities acting in concert or participation with them, shall move with all
deliberate speed to accomplish all required actions of this Stipulated Permanent
Injunction and, to that end, shall within twenty (20) days from the date of this Order:
1. exercise all reasonable efforts to remove in any manner, including without
limitation, from all business entity names, websites, email accounts, social
media sites, marketing, advertising, promotions, telephone numbers and/or
listings, signage, and pool design plans the phrase “a passion for splashin’,”
the name “Pinnacle,” the name “Pinnacle Pools & Spas,” the name
“Pinnacle Pool & Spa,” the name “Premier,” the name “Premier Pools &
Spas,” the name “Premier Pool & Spa,” any other registered trademark/logo
of Premier, or any variations thereof or any names/logos confusingly similar
thereto, alone or in combination with the logo with the white water waves
design underneath and/or the surrounding blue oval design (logo attached
hereto as Ex. A); and
2. exercise all reasonable efforts to cancel any assumed name or equivalent
registration which includes “a passion for splashin’,” “Pinnacle,” “Pinnacle
Pools & Spas,” “Pinnacle Pool & Spa,” “Premier,” “Premier Pools & Spas,”
“Premier Pool & Spa,” any other registered trademark/logo of Premier, or
any variations thereof or any names/logos confusingly similar thereto
(including without limitation, “Pinnacle Pool & Spa Co.”, “Pinnacle Pool
& Spa Company”, “Pinnacle Pools & Spas CF, Inc.”, “Pinnacle Pools &
Spas Florida, Inc.”, “Pinnacle Pools Company, Inc.” and/or “Pinnacle
Pools Construction, Inc.
Defendants shall notify Premier in writing within twenty (20) days from the date of
this Stipulated Permanent Injunction that such items have been completed. In the
event that Premier becomes aware after the twenty-day period of any failure by
Defendants to accomplish the requirements of Subparagraphs 1 and 2 of this
Paragraph, Premier shall provide written notice to Defendants of such violation and
Defendants shall have twenty (20) days from the date of notice to cure such failure.
IT IS FURTHER ORDERED that Defendants, along with all of their officers,
agents, servants, employees, representatives, successors and assigns, and all those
persons or entities acting in concert or participation with them, shall not at any time
in the future contest in any manner Premier’s rights, title and interest in, or its use of,
the phrase “a passion for splashin’,” the name “Pinnacle,” the name “Pinnacle Pools
& Spas,” the name “Premier,” the name “Premier Pools & Spas,” or any other
registered trademark/logo of Premier.
IT IS FURTHER ORDERED that for a period of two years from the date of
this Stipulated Permanent Injunction, Defendants shall not, directly or indirectly
(including without limitation, through any person or entity acting in concert or
participation with them or through Defendants’ officers, agents, servants, employees,
representatives, successors and assigns) engage in or invest in, own, manage, operate,
finance, control, or participate in the ownership, management, operation, financing,
or control of, be employed by, associated with, or in any manner connected with, lend
their name or any similar name to, or render services or advice to a business that sells,
constructs, remodels, or supervises the construction or remodeling of, pools or spas
within 50 miles of the Territory of each of the Franchise Agreements or 50 miles of the
Territory of any business owned or operated by Premier or any of its affiliates,
franchisees or licensees; and further Defendants shall:
1. provide to Premier within ten (10) days from the date of this Stipulated
Permanent Injunction a written list of: (1) each project for a customer for
whom Defendants: (i) began work prior to the date of termination of the
Franchise Agreements (i.e., July 11, 2023) (the “Termination Date”) but
completed the project after the Termination Date or (ii) began the project
after the Termination Date and completed the project prior to the date of this
Stipulated Permanent Injunction (the “Completed Projects”); and (2) each
project for a customer for whom Defendants began work either prior to the
Termination Date or after the Termination Date which was not completed
prior to the date of this Stipulated Permanent Injunction (the “Uncompleted
Projects”); and
2. notify the customers of (i) all Completed Projects and (ii) all Uncompleted
Projects which are not going to be completed by Defendants, in writing
within fourteen (14) days of this Stipulated Permanent Injunction, with a
copy to Premier, that Defendants ceased to be (and no longer are) connected
or affiliated in any manner with Premier as of the Termination Date, and
that any work on the Completed Projects or the Uncompleted Projects after
the Termination Date was not done while Defendants were connected or
affiliated in any manner with Premier.
Furthermore, as a sole exception to this Stipulated Permanent Injunction, and only if
done in strict compliance with the terms of this Stipulated Permanent Injunction,
Defendants shall be permitted to complete work on any Uncompleted Project so long
as Defendants:
1. provide to Premier within ten (10) days of this Stipulated Permanent
Injunction a written list of all Uncompleted Projects to be completed by
Defendants;
2. complete any Uncompleted Project on the list within three (3) months of the
date of this Stipulated Permanent Injunction;
3. complete any Uncompleted Project on the list without any use of the phrase
“a passion for splashin’,” the name “Pinnacle,” the name “Pinnacle Pools
& Spas,” the name “Premier,” the name “Premier Pools & Spas,” or any
other registered trademark of Premier, any related logos or any variations
thereof or any names/logos confusingly similar thereto; and
4. provide, prior to the commencement of any work to complete any
Uncompleted Project on the list, a notice to the customer that Defendants
are no longer connected or affiliated in any manner with Premier, that any
work on the Uncompleted Projects after the Termination Date was not done
while Defendants were connected or affiliated in any manner with Premier,
and that the work done by Defendants to complete the Uncompleted Project
will not be connected or affiliated in any manner with Premier.
IT IS FURTHER ORDERED that in the event Defendants fail to comply in
any respect with this Stipulated Permanent Injunction, the Court shall enforce this
Stipulated Permanent Injunction. The prevailing party in any action to enforce this
Stipulated Permanent Injunction shall, in addition to all other remedies to which it
may be entitled, be entitled to recover from the other party its costs and expenses,
including but not limited to, attorneys’ fees.
IT IS FURTHER ORDERED that nothing in this Stipulated Permanent
Injunction is intended to preclude Premier from seeking any other relief to which it
may be entitled as a result of a failure by Defendants to comply with the terms of the
Franchise Agreements and/or this Stipulated Permanent Injunction.
i i _
NE
□ Le By Ey
ay me >
EXHIBIT A:
-8-
ORDERED in Orlando, Florida, on March 3, 2025.
os S. salar —
NITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record
-9-