CARDSERVICE INTERNATIONAL, INC., Plaintiff, v. WEBSTER R.
McGEE, and WRM & ASSOCIATES, d/b/a/ EMS - Card Service on
the Caprock, Defendants.
Civil Action No. 2:96cv896
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
VIRGINIA, NORFOLK DIVISION
950 F. Supp. 737; 1997 U.S. Dist. LEXIS 552
January 16, 1997, Decided
January 16, 1997, Opinion Filed
Benjamin J. Madison, Gregory N. Stillman, Hunton & Williams,
Norfolk, VA, For Plaintiffs.
Webster R. McGee, Defendants, pro se, WRM & Associates,
Beaumont, TX.
J. Calvitt Clarke, Jr., United States District Judge:
MEMORANDUM OPINION, FINAL ORDER, AND PERMANENT INJUNCTION
This matter comes before this Court for the hearing of evidence in
the bench trial of whether Plaintiff Cardservice International, Inc.,
is entitled to a permanent injunction pursuant to 15 U.S.C. Section
1116 n1 against Defendants Webster R. McGee and WRM & Associates
banning the use by the Defendants of words similar to Plaintiff's
trademark "Cardservice". This Court, in a prior hearing in which the
Defendants participated, previously entered a preliminary
injunction against the Defendants in this matter. Defendants have
proceeded throughout these proceedings pro se. n2 The Court ruled from
the Bench and awarded Cardservice International a permanent injunction
and reasonable attorneys fees. The Court hereby incorporates that
ruling into this Opinion and Order. For the reasons stated below, the
Court GRANTS Plaintiff's request for a permanent injunction and further
ORDERS the Defendants to pay Plaintiff's reasonable attorneys fees.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - -
n1 Section 1116 states in relevant part:
The several courts vested with jurisdiction of civil actions arising
under this chapter shall have power to grant injunctions, according to
the principles of equity and upon such terms as the court may deem
reasonable, to prevent the violation of an