Cancer Wellness Foundation of Central Alabama v. Jennifer Conner, et al.

CourtDistrict Court, M.D. Alabama
DecidedMarch 13, 2026
Docket2:26-cv-00165
StatusUnknown

This text of Cancer Wellness Foundation of Central Alabama v. Jennifer Conner, et al. (Cancer Wellness Foundation of Central Alabama v. Jennifer Conner, et al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cancer Wellness Foundation of Central Alabama v. Jennifer Conner, et al., (M.D. Ala. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

CANCER WELLNESS FOUNDATION ) OF CENTRAL ALABAMA, ) ) Plaintiff, ) ) v. ) CASE NO. 2:26-cv-165-ECM ) [WO] JENNIFER CONNER, et al., ) ) Defendants. )

MEMORANDUM OPINION and ORDER I. INTRODUCTION Cancer Wellness Foundation of Central Alabama (“CWF”) filed this action against Jennifer Conner (“Conner”) and Dress for the Cure, LLC (“Dress for the Cure”) (collectively, “Defendants”), arising out of a dispute over the ownership of the “Women in Blue” trademarks, service marks, logo, and associated artwork (“Women in Blue Marks”). (Doc. 1). In its verified complaint, CWF seeks declarations under the Lanham Act, 15 U.S.C. § 1051, and the Copyright Act, 17 U.S.C. § 101, that CWF is the sole owner of the Women in Blue Marks (Counts I and II). Additionally, CWF brings claims against Conner for breach of fiduciary duty (Count III), constructive fraud (Count IV), and fraud (Count V); as well as claims against both Defendants for conversion of intellectual property (Count VI), unjust enrichment (Count VII), and false designation of origin/unfair competition in violation of Section 43(a) of the Lanham Act (Count VIII). Now pending before the Court is CWF’s motion for temporary restraining order and order to show cause, which the Court construes as also containing a motion for preliminary

injunction. (Doc. 2). For the reasons explained below, the Court concludes that CWF has demonstrated, at this stage, a likelihood of success on the merits of its trademark and copyright ownership claims, a likelihood of irreparable injury in the absence of a restraining order issued before the Defendants can be heard in opposition, and that the equities weigh in CWF’s favor. Accordingly, CWF’s motion for a temporary restraining order (doc. 2) is due to be GRANTED to the extent that a temporary restraining order shall

issue as set out further below. Additionally, the Court will set an evidentiary hearing on CWF’s motion for a preliminary injunction. II. JURISDICTION AND VENUE The Court has original subject matter jurisdiction pursuant to 28 U.S.C. § 1331. The Court has supplemental jurisdiction over CWF’s state law claims pursuant to 28 U.S.C.

§ 1367(a). Based on the allegations of the verified complaint, the Court concludes that it can properly exercise personal jurisdiction over the Defendants and that venue properly lies in the Middle District of Alabama, see 28 U.S.C. § 1391. III. LEGAL STANDARD A temporary restraining order may issue only where the moving party demonstrates

(1) that there is a substantial likelihood of success on the merits, (2) that the temporary restraining order is necessary to prevent irreparable injury, (3) that the threatened injury outweighs the harm the temporary restraining order would cause to the nonmoving parties, and (4) that the temporary restraining order would not be adverse to the public interest. Parker v. State Bd. of Pardons & Paroles, 275 F.3d 1032, 1034–35 (11th Cir. 2001) (per curiam). Additionally, pursuant to Rule 65 of the Federal Rules of Civil Procedure, a

temporary restraining order may issue without notice to the nonmoving parties only if (1) specific facts in an affidavit or verified complaint show that the moving party will suffer immediate and irreparable injury before the nonmoving parties can be heard, and (2) the moving party certifies in writing the efforts it has made to notify the nonmoving parties and the reasons notice should not be required. FED. R. CIV. P. 65(b)(1). “The purpose of a temporary restraining order, like a preliminary injunction, is to

protect against irreparable injury and preserve the status quo until the district court renders a meaningful decision on the merits.” Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1231 (11th Cir. 2005) (per curiam). A temporary restraining order is an “extraordinary remedy” to which the Court should “pay particular regard for the public consequences” of granting. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 23 (2008).

IV. FACTS “When ruling on a [temporary restraining order], ‘all of the well-pleaded allegations [in a movant’s] complaint and uncontroverted affidavits filed in support of the motion for a [temporary restraining order] are taken as true.’” Alabama v. U.S. Dep’t of Com., 2021 WL 2668810, at *1 (M.D. Ala. June 29, 2021) (second alteration in original) (quoting Elrod

v. Burns, 427 U.S. 347, 350 n.1 (1976)).1

1 Here, and elsewhere in this Opinion, the Court cites nonbinding authority. While the Court recognizes that these cases are nonprecedential, the Court finds them persuasive. This case is a dispute over the legal ownership of the Women in Blue Marks. CWF is a 501(c)(3) nonprofit corporation that provides “support services, educational services, and assistance to cancer patients throughout Central Alabama.” (Doc. 1 at 1, paras. 1, 3). Conner is the former President of CWF’s Board of Directors (“Board”), and Dress for the Cure is Conner’s wholly owned limited liability company. (/d. at 2, para. 7). In late 2018, CWF’s Board “formed a committee to develop new fundraising initiatives to support [CWF]’s charitable mission.” (Doc. 3-1 at 2, para. 3). This “board- driven initiative” resulted in the “Women in Blue campaign.” (/d.). At the Board’s request, Betsey Johns (“Johns”) volunteered to work with Wendy Anzalone, who was then CWF’s Executive Director, to develop a design for use in the Women in Blue campaign. (Doc. 1 at 2, para. 6; accord doc. 3-2 at 1-2, para. 2). Johns developed four draft designs, and CWF ultimately selected the following as its logo for the campaign: a: the ) ‘Women ~ Blu

(Doc. 3-2 at 2—3, para. 5). Johns stated that she “understood that the dress design was being created for CWF’s benefit as part of an organizational fundraising initiative’—not “for the personal benefit of any individual, including Jennifer Conner.” (/d. at 2, para. 4; see id. at 4, para. 12 (“I intended the design that I created to be owned and used by CWF for its

charitable purposes, and I have assigned all of my rights in the design to CWF as per the assignment agreement attached hereto . . . .”)). CWF then commissioned Kwik Kopyshop

to finalize Johns’ draft design for use as a final logo. (Doc. 3-1 at 2, para. 5; see docs. 3-4 & 3-5 (Kwik Kopyshop’s invoices)). CWF spent “$11,454.64 in organizational funds to launch the Women in Blue campaign in early 2019,” which included purchasing “scarves, flyers, pins, yard signs, T- shirts, billboard advertising, logo design, a launch party, and video production.” (Doc. 3-1 at 2–3, para. 6). CWF reports that the campaign was “an extraordinary success,” generating

$58,087 in net income in its first year. (Id. at 3, para. 8). And ever since, CWF reports that the Women in Blue campaign has served as its “signature funding initiative.” (Id. at 3, para. 9).

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