UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

MERRY MAIDS, L.P., :

 :

Plaintiff : No. 4:05-CV-1614

 :

vs. : (Complaint Filed 8/9/05)

 :

GORDON HARVEY AND SANDRA : (Judge Muir)

HARVEY, :

 :

Defendants :

ORDER

May 3, 2006

 THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

The procedural history of this case is set forth in

prior orders of this court and we will not repeat that history

other than as needed to address the pending matter. Defendants

were served with the Complaint on August 11, 2005. After

failing to respond to the complaint a default was entered by the

Clerk on November 9, 2005. Along with the complaint Plaintiff

filed a motion for a preliminary injunction. Defendants failed

to respond to that motion and on October 4, 2005, we entered an

order granting the motion.

 On November 8, 2005, Defendant filed a motion for

contempt in which it alleged that Plaintiffs had failed to

comply with the order of October 4, 2005. After a contempt

hearing held on December 14, 2005, and after receiving a

proposed order from Plaintiff we issued an order on January 19,

2006, which, inter alia, required Defendants Gordon Harvey and

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Sandra Harvey to return to counsel for Plaintiff Merry Maids

various items, including all franchise manuals and items bearing

Plaintiff’s federally protected trademarks. The order also

required Defendants to file a statement of compliance within 10

days. No such statement of compliance was timely filed. 

On March 27, 2006, we issued an order in which we

stated that “before we schedule a second contempt hearing

against Defendants we will require the Plaintiff to file a

status report regarding this case.” On April 7, 2006, Plaintiff

filed a status report which stated in relevant part as follows:

10. Defendants have not complied with the Court’s

January 19, 2006, Order. Although Defendants did

return some written materials after January 19,

2006, the Defendants have not filed a Statement

of Compliance, have not ceased using the Merry

Maids’ trademarks, and have not ceased using the

telephone number associated with their former

Merry Maids franchise. 

The specific allegations are that Defendants “are using vacuum

cleaners that bear the Merry Maids trademarks” and “several

stickers located on Defendants’ business premises contain the

name Merry Maids.” Furthermore, it was alleged the Defendants

have used invoices which “contained the Merry Maids’ trade name”

and “the same telephone number used by Defendants in their

former Merry Maids business.” Also, Plaintiff claimed that

Defendants have not disconnected the former Merry Maids

telephone number but instead when that number is called all

callers are directed to a new telephone number associated with

Defendants’ new business, “Miracle Maids.” 

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The order of January 19, 2006, required Defendants to

“return Merry Maids’ franchise manuals and all items bearing

Merry Maids’ federally protected trademarks to counsel for Merry

Maids” and to “file a statement of compliance with the court

within 10 days.” The order of January 19, 2006, did not

specifically direct Defendants to disconnect the telephone

number associated with the former Merry Maids franchise or

remove all stickers bearing the Merry Maids’ trademarks from

Defendants’ business premises. However, the order granting an

injunction on October 4, 2005, directed Defendants to (1) cease

using all of Merry Maids federal protected marks; and (2) cease

using all telephone numbers associated with Defendants’ former

Merry Maids franchise. 

On April 11, 2006, we issued an order scheduling a

second contempt hearing for April 25, 2006. The following are

the courts findings of fact relating to Defendants’ compliance

and noncompliance with the preliminary injunction order issued

on October 4, 2005, and the order of January 19, 2006:

1. Defendants possess one broken vacuum cleaner which

bears the Merry Maids trademark.

2. Affixed to a bookcase located on Defendants’

business premises are many stickers stating “Compliments of

merry maids.”

3. On March 10, 2006, Defendants issued one invoice

bearing the Merry Maids’ tradename to Sherry Wright, a customer.

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4. The invoice also contained the telephone number

570-389-9798 which is the same telephone number used by

Defendants in their former Merry Maids business.

5. Defendants have not notified all of their

customers that they are no longer associated with Merry Maids’

fanchise system.

6. Defendants have not completely discontinued use of

the telephone number, 570-389-9798, used in their former Merry

Maids’ business.

7. Instead of completely discontinuing the use of

that number, Defendants have placed a telephone message at that

number that directs all callers to a new telephone number

associated with Defendants’ new business which is 570-389-1205. 

8. The answering device message a number 570-389-1205

does not use the terms “Merry Maids” or “Miracle Maids.” 

In light of the above findings of fact, it is clear

that Defendants have violated our orders of October 4, 2005, and

January 19, 2006. Plaintiff was directed to file a statement of

costs associated with the prosecution of the contempt hearing by

May 2, 2006, but has failed to do so. We will find the

Defendants in contempt and impose an appropriate sanction under

the circumstances of this case.

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NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

1. Defendants Gordon Harvey and Sandra Harvey are

held in contempt of our orders of October 4, 2005, and January

19, 2006. 

2. Within 20 days of the date of this order

Defendants shall remove the stickers affixed to a bookcase

located on Defendants’ business premises which state

“Compliments of merry maids.”

3. Within 20 days of the date of this order,

Defendants shall dispose of the broken vacuum cleaner bearing

the Merry Maids trademark.

 4. Defendant shall immediately cease using any

invoices bearing the Merry Maids name or the telephone number

570-389-9798.

5. Defendants shall immediately notify all of their

customers that they are not associated with Merry Maids.

6. Defendants shall within 10 days contact the

telephone company they utilize and direct that with respect to

their former telephone number 570-389-9798 that the telephone

feature or service which directs callers to their new telephone

number, 570-389-1205, be discontinued. 

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1. We have limited the sanction to $100 because the Plaintiff

failed to file a statement of costs in accordance with our oral

order issued on April 25, 2006.

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7. Within twenty (20) days of the date hereof

Defendants shall pay to the Plaintiff as a sanction, the costs

associated with this proceeding, in the amount of $100.00.1

8. Within 45 days of the date of this order

Defendants shall file of record in the Clerk’s Office a

statement of compliance with this order. 

9. Defendant Gordon Harvey is advised that failure to

abide by this order shall result in the initiation of non-jury

criminal contempt proceedings against him. The maximum penalty

for such contempt is six months’ imprisonment or a fine of

$5000.00, or both. 

 s/Malcolm Muir 

 MUIR, U.S. District Judge

MM:gs

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