Case 3:17-cv-00193-RLY-MPB Document 8 Filed 11/30/17 Page 1 of 4 PageID #: 44

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

SCLC, INC., )
)
Plaintiff, )
)
v. ) Cause No. 3:17-cv-193-RLY-MPB
)
MARIE KETTERING AND )
LANNY TYNDALL, )
)
Defendants. )

MOTION FOR TEMPORARY RESTRAINING ORDER

Comes now the Plaintiff, SCLC, Inc. (SCLC), by counsel, pursuant to Trial Rule

65 and L.T.R. 65-2, and moves the Court for entry of a Temporary Restraining Order

enjoining the Defendants, Marie Kettering (Kettering) and Lanny Tyndall (Tyndall)

(collectively Defendants) from imitating, copying, using, reproducing, transmitting and/or

displaying a website which colorably imitates or is confusingly similar to the website

operated by SCLC (the SCLC Website) for the sale of shoes. The grounds for this

Motion are as follows:

1. On November 22, 2017, SCLC filed its Verified Complaint (the Complaint)

alleging that the Defendants are actively engaged in misappropriation of SCLC trade

dress and trademark on their respective websites in order to sell athletic shoes. Kettering

is the owner of the domain name daretodreamwebdesign.com, and offers and sells

footwear products through her website, www.daretodreamwebdesign.com (the Kettering

Website). Tyndall is the owner of the domain name afordrunning.com offers and sells

footwear products through his website, www.afordrunning.com (the Tyndall Website).

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2. The infringement being committed by the Defendants is visually depicted in

paragraph 23 of the Verified Complaint. Each of the Defendants respective websites

displays the SCLC trademark SHOE CARNIVAL with identical font and coloring and

also uses photographs which are the property of SCLC and which have been used at

various times on the SCLC Website.

3. There is a substantial likelihood that SCLC will establish at trial that the

Defendants have intentionally engaged in trade dress and trademark infringement by their

unauthorized use of SCLCs trade dress and trademarks on their respective websites in

order to deceive the public into believing that they are Shoe Carnival.

4. The Defendants are actively engaged in the sale of footwear using the

SCLC trade dress and trademark and SCLC is suffering irreparable harm as a result.

5. A temporary restraining order is necessary in order to prevent any further

irreparable harm to the public that would result from the Defendants continued

unauthorized use of the SCLC trade dress and trademark.

6. Any harm to the Defendants from immediately enjoining their use of the

SCLC trade dress and trademark would be outweighed by the actual and potential harm

which would result from their continued unauthorized use of the SCLC trade dress and

trademark.

7. Granting a Temporary Restraining Order will serve the public interest.

8. Pursuant to Trial Rule 65(1)(B), the undersigned counsel hereby certifies

that a diligent attempt has been made to locate the Defendants and provide service of the

Complaint on them; however, neither SCLC nor its counsel believe in good faith that the

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Case 3:17-cv-00193-RLY-MPB Document 8 Filed 11/30/17 Page 3 of 4 PageID #: 46

addresses found for the Defendants are likely valid and further believe that it is not

realistically possible to provide notice of this Motion to the Defendants.

9. SCLC is prepared to provide security required by the Court pursuant to Trial

Rule 65(c) as a prerequisite to the issuance of a Temporary Restraining Order.

WHEREFORE, SCLC prays that the Court issue a Temporary Restraining Order

restraining the Defendants, Kettering and Tyndall, from doing any of the following on the

Kettering Website, the Tyndall Website or any other website:

(1) imitating, copying, using, reproducing, registering, attempting to register,

transmitting, and/or displaying a website, including the Kettering website or

the Tyndall Website, which colorably imitates or is confusingly similar to the

look and feel of the SCLC Website; and

(2) using any other false description or representation or any other thing

calculated or likely to cause confusion, deception, or mistake in the

marketplace with regard to SCLCs protectable trade dress in the look and

feel or the SCLC Website; and

(3) ordering such other relief as is just and proper in the premises.

Respectfully submitted,

____/s/ Keith E. Rounder

Keith E. Rounder, Atty No. 13758-53
Gary K. Price, Atty No. 15051-82
TERRELL, BAUGH, SALMON & BORN, LLP
700 South Green River Road, Suite 2000
Evansville, IN 47715
Telephone: (812) 479-8721
Facsimile: (812) 474-6059
E-mail: krounder@tbsblaw.com;
gprice@tbsblaw.com
Attorneys for Plaintiff, SCLC, Inc.

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CERTIFICATE OF SERVICE

I certify that on the 30th day of November, 2017, a copy of Motion for Temporary

Restraining Order was served via U.S. mail on the following parties:

Marie Kettering
6930 NE 16th Street
Trenton, NJ 48129

Lanny Tyndall
9315 SW 57th St
Enfield, NH 03798

/s/ Keith E. Rounder______

Keith E. Rounder