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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

L and L Gold Associates, Inc., 

d/b/a American Jewelry and Loan, 

a Michigan corporation, Case No. 09-10801 

 Plaintiff, Hon. George Caram Steeh 

v. 

American Cash for Gold, LLC, 

d/b/a American Cash for Gold, 

a Michigan limited liability company, 

and Majid D. Cholak, an individual, 

 Defendants. 

__________________________________________________________________________/ 

CONSENT JUDGMENT AND PERMANENT INJUNCTION

 The parties having put their agreement on the record in open court on August 19, 2009; 

and the Court having further considered the entry of a Consent Judgment and Permanent 

Injunction as contemplated by said agreement, in open court on November 3, 2009, and the 

Court being fully advised in the premises therefor; 

1. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND 

DECREED that Defendants, their directors, officers, agents, servants, employees, attorneys, and 

all other persons in active or participation with them who receive actual notice of this Order are 

permanently enjoined from using, registering, or applying for any trademark, trade secret, or 

service mark identical or confusingly similar to Plaintiff’s service mark “AMERICAN 

JEWELRY AND LOAN,” including, but not limited to, “American Cash for Gold” and/or any 

mark incorporating any of or consisting of the terms, “American” or “Loan,” in connection with 

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any business or service with which they are in any way affiliated, employed, or contracted, or in 

which they have any equity or business interest, or for which they are an agent; and 

2. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the mark 

“Michigan Cash for Gold” is not confusingly similar to Plaintiff’s mark and Defendants may use 

that name in connection with business as a “Dealer” in precious metals or gems, as such term is 

used under MCL 445.481 (“Dealer”); and 

3. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants, 

and any individual or entity with which they are in privity or active participation, shall not 

conduct business as a pawnbroker, as such term is used in MCL 446.201 et seq., nor will they 

own, operate, act as an agent or contractor for, or have a substantial financial or equity interest in 

any pawnbroker business located within 2 miles of 20450 Greenfield Road in Detroit, for as long 

as Plaintiff conducts business as a pawnbroker or operates a similar business at 20450 Greenfield 

Road in Detroit; provided that, nothing herein shall preclude Defendants from working as a 

“Dealer” under MCL 445.481 et seq., or from owning, operating, or being affiliated in any 

manner with a Dealer in precious metals or gems or from operating a pawn business at other 

locations more than 2 miles from Plaintiff’s Greenfield Road location; and 

 4. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that on or before 

October 3, 2009, Defendants, to the best of their ability, shall cause all advertisements and other 

postings displaying or referring to the mark “American Cash for Gold” or any confusingly 

similar mark on Internet search engines, including, but not limited to, www.google.com and 

www.yahoo.com, and other Internet websites of which they are aware, to be removed and/or 

taken down from such websites; and shall continue to promptly do so as to any additional search 

engines, websites, or other forms of electronic media of which they subsequently become aware 

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or are made aware, by Plaintiff or otherwise, which display the “American Cash for Gold” mark; 

and 

5. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants 

shall, to the best of their ability, cause to be removed and eliminated from any and all print 

media, including subsequent editions of any telephone or other directories, including, but not 

limited to, the Yellow Pages, Yellow Book, and White Pages, any advertisements or listings for 

“American Cash for Gold” or any confusingly similar mark as to any business at any location 

with which Defendants have any affiliation whatsoever; and 

6. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants 

shall take no action contrary or hostile to Plaintiff’s registered service marks, i.e., U.S. 

Registration No. 3,654,202, for the mark AMERICAN JEWELRY AND LOAN and Michigan 

Registration No. M09151, including but not limited to filing any judicial or administrative 

challenge, opposition, or request for cancellation of any such mark; and 

7. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that on or before 

September 18, 2009, Defendants shall, jointly and severally, pay to Plaintiff the sum of fifteen 

thousand dollars ($15,000); and 

8. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff and 

Defendants shall each refrain from uttering or publishing any non-privileged, false and 

defamatory statements regarding the other party(ies); and 

9. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff and 

Defendants waive all rights to appeal from this Consent Judgment and Permanent Injunction; and 

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10. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 

does not have jurisdiction over, nor shall this Order be construed to have any preclusive effect as 

to, any proceedings pending in any other court or before any administrative tribunal; and 

11. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 

shall retain jurisdiction of this matter solely for purposes of adjudicating any violations and 

enforcing the terms of this Consent Judgment and Permanent Injunction; and 

12. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 

constitutes the final judgment of the Court as to all claims in this matter. 

Dated: November 13, 2009 s/George Caram Steeh

 United States District Judge 

 

 CERTIFICATE OF SERVICE 

 Copies of this Order were served upon attorneys of record on November 13, 2009, by electronic mail. 

 s/Marcia Beauchemin

 Deputy Clerk 

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