Robert CLARK; Slender You Figure Salons, Inc., a Florida Corporation; Slender You Sales, Inc., a Florida Corporation; and R.C. Engineering and Machining, Inc., a Florida Corporation, Appellants,
v.
ALLIED ASSOCIATES, INC., Appellee.
District Court of Appeal of Florida, Fifth District.
*657 Charles L. Steinberg and William Hobby, Orlando, for appellants.
Lavinia K. Dierking of Duckworth, Allen, Dyer & Pettis, P.A., Orlando, for appellee.
SHARP, Judge.
The defendants appeal from a final judgment awarding compensatory and punitive damages, a permanent injunction, and a judgment awarding attorney's fees. We affirm all the orders except the permanent injunction which is overly broad.
Paragraph one of the first portion of the permanent injunction enjoined the defendants for a period of forty-eight months from:
1. Making, using or selling (or offering to sell) motorized exercise equipment in any of the five categories in this lawsuit; e.g., sand bag machine, waist-tummy-hip machine, leg machine, stretch machine or vibrator machine.
This provision is hopelessly broad. Moreover, it does not restrict its application to a specific geographical area.
Also defective is the second part of the permanent injunction which permanently enjoins the defendants from:
1. Making, using or selling any motorized equipment incorporating
a) The so-called "Clark improvements,"
b) The measurements made by Defendant Clark on or about May 12, 1981,
c) The frame construction developed by Defendant Clark for Plaintiff,
d) The so-called "Monco" designed equipment which was developed from the disclosure by Defendant Clark of the machines directly copied from Plaintiff's designs, or
e) The over-all distinctive and nonfunctional appearance of Plaintiff's motorized exercise equipment.
This language fails to designate with sufficient particularity the acts, machines or things enjoined against and it is therefore also overly broad. Compare For Adults Only, Inc. v. State Ex Rel Gerstein,
Finally, we strike the last portion of the permanent injunction ordering the defendant to deliver drawings, materials, photographs, and machines to the plaintiff. Equity will not injunctively command return of personal property unless it is of peculiar value and character and unless its loss or retention by one not entitled to it cannot be fully compensated in damages. Price v. Gordon,
An injunctive order should never be broader than is necessary to secure the injured party, without injustice to the adversary, relief warranted by the circumstances of the particular case. The order should be adequately particularized, especially where some activities may be permissible and proper. Moore v. City Dry Cleaners and Laundry, Inc.,
QUASHED AND REMANDED.
DAUKSCH and COWART, JJ., concur.
