Great Lakes Transportation Holding L.L.C., d/b/a Metro Cars v. MBC Airport Transportation, LLC

CourtDistrict Court, E.D. Michigan
DecidedFebruary 6, 2025
Docket2:18-cv-13680
StatusUnknown

This text of Great Lakes Transportation Holding L.L.C., d/b/a Metro Cars v. MBC Airport Transportation, LLC (Great Lakes Transportation Holding L.L.C., d/b/a Metro Cars v. MBC Airport Transportation, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Great Lakes Transportation Holding L.L.C., d/b/a Metro Cars v. MBC Airport Transportation, LLC, (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:18-CV-13680-TGB-APP GREAT LAKES TRANSPORTATION HOLDING HON. TERRENCE G. BERG L.L.C, d/b/a METRO CARS.,

Plaintiff, OPINION AND ORDER vs. GRANTING IN PART AND DENYING IN PART GREAT BASHEER ELHUBISHI, et al., LAKES TRANSPORTATION HOLDING L.L.C.’S MOTION Defendants. FOR CONTEMPT

(ECF NO. 9)

Plaintiff Great Lakes Transportation Holding L.L.C., d/b/a Metro Cars (“Metro Cars”) moves for an order of contempt against Basheer Elhubishi and Elhubishi’s company, MBC Airport Transportation, LLC (together, “Elhubishi”) for alleged violations of a stipulated permanent injunction (the “Injunction”) not to violate Metro Cars’ servicemark. ECF No. 9 (“the Motion”). Metro Cars also moves for an order awarding them unjustly earned profits; requiring Elhubishi to take certain steps relating to the Injunction; and awarding Metro Cars attorney’s fees and costs. For the following reasons, Metro Cars’ Motion is GRANTED IN PART AND DENIED IN PART. The Court will schedule an evidentiary hearing on the issue of whether Elhubishi should be held in civil contempt. The Court construes Metro Cars’ Motion as making a two-part request: first, to enforce the Injunction and second, to sanction Elhubishi for violating the Injunction. The first request is GRANTED in that the Court finds that Metro Cars has set forth a prima facie case showing that Elhubishi is in violation of the Injunction, but the second request the Motion makes is DENIED to the extent it requests the Court to hold Elhubishi in contempt prior to the hearing. I. BACKGROUND Metro Cars, a Michigan-based taxi and transportation company, owns a servicemark on its name. ECF No. 9-2, PageID.82 (Metro Cars

servicemark), PageID.85 (assignment to Metro Cars). Elhubishi owns MBC Airport Transportation LLC, another Michigan-based taxi company, which had gone by the name “Metro Black Cars.” ECF No. 9, PageID.53. Metro Cars sued Elhubishi for trademark infringement in 2018. Id. On January 15, 2019, Elhubishi and Metro Cars stipulated to a permanent injunction (“the Injunction”), which prohibited Elhubishi from, among other things: [Using the Metro Cars servicemark] or colorable imitations thereof and other designs, designations, and indicia which are likely to cause confusion, mistake, or deception with respect to [Metro Cars’] rights, including, but not limited to . . . any other name using the words “Metro Car,” “Metro Cars,” and/or “Metro” and “Cars” in close proximity in connection with any car service; whether as business names or in advertisements . . . . ECF No. 9, PageID.54, citing ECF No. 7. The Injunction also prohibited Elhubishi from “using ‘Metro’ and ‘Cars’ in close proximity or any variations thereof as meta tags for, or as html codes for, [Elhubishi’s] website(s).” ECF No. 9, PageID.54. Nothing more happened in this case until July 15, 2024, when Metro Cars sent Elhubishi a demand letter alleging that Elhubishi was violating the Injunction. ECF No. 11-3, PageID.151. The allegations in the demand letter track Metro Cars’ allegations in the Motion: 1. Up to July 2024, well after the issuance of the Injunction,

Elhubishi had a website with the URL of “metroblackcars.com,” which redirected users to a website of Elhubishi’s with the URL of “metroblacksedans.com.” ECF No. 9, PageID.55; ECF No. 11-3, PageID.151. 2. Elhubishi operated a Facebook page titled “Metro Black Sedans,” which contained advertisements for “Metro Black Cars.” ECF No. 9, PageID.55. 3. Elhubishi’s “metroblacksedans.com” website uses the terms

“metro cars.” Id. at PageID.58. Elhubishi has not denied these allegations. ECF No. 11, PageID.128-29. Instead, he shut down the “metroblackcars.com” website, and claims that he instructed his web agency not to use the terms “metro car” and “metro cars” in any tags or code of his “metroblacksedans.com” website. Id. at PageID.129. Unsatisfied with these actions, ECF No. 11- 4, PageID.153, Metro Cars filed this Motion. Metro Cars requests that the Court order: 1. That Elhubishi is in contempt of court for failing to comply with the Injunction, and that Elhubishi must comply with the Injunction; 2. That Elhubishi cease operating the website “metroblacksedans.com;” 3. That Elhubishi disclose and transfer to Metro Cars any websites using the terms “Metro” and “Car,” including

“metroblacksedans.com;” 4. That Elhubishi identify all the ways in which Elhubishi has used the terms “Metro” and “Car,” and cease using either of those terms; 5. That Elhubishi cease using “Metro” and “Cars” in close proximity as internet search terms; 6. That Elhubishi notify any customers who provided reviews of Elhubishi’s company referencing “Metro Cars” that Elhubishi’s companies are not “Metro Cars,” and to maintain a log of customers who

inquire about “Metro Cars” for the event of future orders of this Court; 7. That Elhubishi pay Metro Cars for the profits earned by violation of the Injunction, and for Metro Cars’ attorney’s fees and costs; and 8. That Elhubishi file and serve on Metro Cars a sworn report accounting for profits that Elhubishi earned by violating the Injunction. ECF No. 9, PageID.42-44. Metro Cars filed their Motion on August 12, 2024. ECF No. 9. Elhubishi filed a Response on August 26, 2024, ECF No. 11, and Metro Cars filed a Reply on September 3, 2024. ECF No. 12. Then, on January 23, 2025, Metro Cars filed a “Notice of Additional Violations of Injunction.” ECF No. 15. Metro Cars alleged that up to January 22, 2024, Elhubishi controlled another website, “detroitlimoservice.com,” which used the term “Metro Cars” in its code. ECF No. 15, PageID.188. The Court has confirmed that as of February 6, 2025, at 10:59 a.m.,

“detroitlimoservice.com” has a functioning link for a page titled “Metro Airport Limo Cars.” Detroit Limo Service, Metro Airport Limo Cars, https://www.detroitlimoservice.com/metro-airport-limo-cars/ (last visited Feb. 6, 2025, 10:59 a.m.). On February 3, Elhubishi notified the Court and Metro Cars that it had removed the references to “Metro Cars” from the detroitlimoservice.com website. ECF No. 16, PageID.204. However, the Metro Airport Limo Cars webpage remained active as of 10:59 a.m. on

February 6. And when the Court did a Google search for Metro Airport Limo Cars, the sponsored first option was a link to detroitlimoservice.com, with text: “Metro Airport Car Service.” Nee y Bch we, metro airport limo cars x §€ na All Images Shopping Videos News Forums Maps : More Tools

Results for Wayne County, Ml-Choose area? Sponsored © detroitimoservice.com Metro Airport Limo Metro Airport Car Service — Complimentary Wait Time Pickup delayed? Don't stress. We never charge for added wait time. Professional Chauffeurs Our drivers go through extensive training to ensure your safety.

II. ANALYSIS The Court has reviewed Metro Cars’ and Elhubishi’s arguments for what actions the Court should take. A. Elhubishi Has Likely Violated the Injunction For a district court to find a litigant in contempt, “the movant must produce clear and convincing evidence that shows that ‘[the nonmovant] violated a definite and specific order of the court requiring him to perform or refrain from performing a particular act or acts with knowledge of the court’s order.” Elec. Workers Pension Tr. Fund of Loc. Union # 58, IBEW v. Gary’s Elec. Serv. Co., 340 F.3d 3738, 379 (6th Cir. 2003) CIBEW’). The Sixth Circuit has also cited to out-of-circuit caselaw finding that “a party may only be held in contempt of a court order if (1) the order clearly and unambiguously imposed an obligation on the party; (2) proof of the party’s noncompliance with the order was clear and convincing; and (3) the party did not diligently attempt to comply with the order.” McAlpin

v.

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Great Lakes Transportation Holding L.L.C., d/b/a Metro Cars v. MBC Airport Transportation, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-lakes-transportation-holding-llc-dba-metro-cars-v-mbc-airport-mied-2025.