WILLIAM E. KOVACIC
General Counsel
BARBARA ANTHONY
Director, Northeast Region
CAROLE A. PAYNTER (CP 4091)
MICHAEL J. BLOOM (MB 7732)
One Bowling Green, Suite 318
New York, New York 10004
(212) 607-2813; 2801
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
)
FEDERAL TRADE COMMISSION, ))
Plaintiff, )
)
v. )
)
MARKETING AND VENDING CONCEPTS, L.L.C., )
a New York corporation, )
MICHAEL CAVALLO, )
individually and as an officer of )
MARKETING AND VENDING CONCEPTS, L.L.C., )
and MITCHELL JACOBY, )
individually and as an officer of )
MARKETING AND VENDING CONCEPTS, L.L.C, ))
Defendants. )
________________________________________________ )
STIPULATED JUDGMENT AND
ORDER FOR PERMANENT INJUNCTION
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), commenced this
action by filing its Complaint for permanent injunction and other relief pursuant to Sections 5,
13(b) and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45, 53(b), and
57b, charging that the Defendants engaged in unfair or deceptive acts or practices in violation of
Section 5 of the FTC Act, 15 U.S.C. § 45, and the Commission's Trade Regulation Rule entitled
SNIPPETS:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Plaintiff, the Federal Trade Commission, commenced this
Section 5 of the FTC Act, 15 U.S.C. § 45, and the Commission's Trade Regulation Rule entitled
"Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity
Ventures" ("Franchise Rule"), 16 C.F.R. Part 436, in connection with the sale of vending
The Commission and these Defendants, as hereinafter defined,
hereby stipulate to the entry of this Stipulated Judgment and Order for Permanent Injunction
This Court has jurisdiction over the subject matter and the parties pursuant to
Section 4 of the FTC Act,
The Complaint states a claim upon which relief may be granted against the
they may have against the Commission its employees, representatives or agents.
obtain attorneys' fees as a prevailing party under the Equal Access to Justice Act,
"Business Venture" means any written or oral business arrangement,
The "Corporate Defendants" are Marketing & Vending Concepts, L.L.C. and its affiliate, North
COMPLIANCE WITH FRANCHISE RULE
PERFORMANCE BOND REQUIREMENT
injunctive provisions in Paragraphs I and II of this Order.
part, to any violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the FTC Franchise Rule, 16
The performance bond required by this Paragraph shall be an insurance agreement
REQUIRED BY ORDER OF THE U.S. DISTRICT COURT IN SETTLEMENT OF CHARGES
OF VENDING MACHINE BUSINESS OPPORTUNITIES."
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