![]() 2d 661 (1974) (per curiam).Īlthough a defective permanent injunction might be recharacterized as a declaratory judgment in order to preserve appellate jurisdiction, that route is not open here because we have a preliminary injunction and there is no appellate jurisdiction over preliminary declaratory judgments-assuming there is such a creature. This fell far short of compliance with Rule 65(d). The magistrate judge's opinion contains no actual injunction order, however, and the judgment order entered at the direction of the district judge states in its entirety: "The Court adopts and incorporates Magistrate Judge Bucklo's Report and Recommendation pursuant to 28 U.S.C., SECTION 636(b) (1) as Appendix A to this Order." So there was no injunction order but merely an incorporation by reference of the draft of an injunction contained in the Sigels' motion. shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained." The magistrate judge recommended that the district judge grant the Sigels' motion for a preliminary injunction, and he obliged. Rule 65(d) of the Federal Rules of Civil Procedure requires that "every order granting an injunction. There is a question about our jurisdiction, characteristically unremarked by the parties. (Both parties had additional grounds for their motions, but these need not be discussed.) The district court granted the Sigels' motion and denied that of the Cookie Company, 773 F.S. 121 1/2, p 1719, and moving for a preliminary injunction directing the Cookie Company to restore their franchise. The Sigels counterclaimed, charging that their franchise had been terminated in violation both of the franchise agreement and of the Illinois Franchise Disclosure Act,. §§ 1051 et seq., and moved for a preliminary injunction. So the company sued them (and their corporate entity) to enjoin their violating the Trademark Act, 15 U.S.C. The company terminated the Sigels' franchise but they continued to sell cookies under the company's trademark, using batter purchased elsewhere after their supply of Cookie Company batter ran out. To order, or for more information, call 86 or visit online at greatamericancookies.This case arises from a squabble between a franchisor that we shall call the "Cookie Company" and the Sigels, who had a franchise to operate a Cookie Company store in a shopping mall in Aurora, Illinois. to 9 p.m., Sunday through Thursday, and from 11 a.m. “The choices are really unlimited,” Creekmur said. “We have different sizes of the cookie cake that can be decorated in an array of styles for any celebration.”Ĭustomers also can take two cookies and make an ice cream sandwich with their choice of ice cream. “And we’re also really well-known for the original cookie cake,” he added. Then, there’s an array of toppings - chocolate chips, M&Ms, sprinkles, Gummy Bears - that you can mix into the ice cream,” Creekmur said. “One thing about our ice cream is we have mix-ins available, so you can choose your ice cream. “Everyone has to have their favorite.”Īdditionally, it has 15-plus flavors of “homemade” ice cream. The shop offers a variety of cookies, from the original chocolate chip, snickerdoodle, peanut butter, cookies and cream and sugar to the unique strawberry crinkle, chewy pecan supreme, a limited-time blueberry muffin and the Double Doozie - two cookies made as a sandwich with icing in the middle. “We have units in Knoxville, Jackson, Nashville, Memphis and South Haven, Mississippi, which is part of Memphis but on the Mississippi line.” Labeling the company as “a small franchise group,” Creekmur added. ![]() It just so happened that the prior (franchise) owner was looking to sell.” ![]() “We’ve been looking at these locations for several months. “We do have a location in Memphis that is Great American Cookies and Pretzels. ![]() “Then, as we branch out into individual strip malls, they’ve started to co-brand some, and we’ve added the ice cream,” Creekmur added. “Typically, the mall stores are stand-alone Cookies. “And we have the one at West Town Mall that is Great American Cookies only,” he said. Creekmur took over the stores Thursday, April 6. “I love Knoxville,” said Mark Creekmur, the new vice president of operations, baker and decorator for Marble Slab Creamery and Great American Cookies, both owned by FAT Brands family and located at 10972 Parkside Drive, next to Blaze Pizza. Two Turkey Creek businesses have new ownership this month, where customers can get their cookies and ice cream. ![]()
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