Zuffa, LLC v. DOES 1-100 et al

Filing 14

PRELIMINARY INJUNCTION. See Order for details. Signed by Judge Kent J. Dawson on 07/18/12. (Copies have been distributed pursuant to the NEF - ECS)

1 2 3 4 5 6 7 JOHN L. KRIEGER (Nevada Bar No. 6023)_ jkrieger@lrlaw.com NIKKYA G. WILLIAMS (Nevada Bar No. 11484) nwilliams@lrlaw.com 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 (702) 949-8200 (702) 949-8398 Attorneys for Plaintiff Zuffa, LLC UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 ZUFFA, LLC, a Nevada limited liability company, 11 12 13 14 Case No. 2:12-cv-01120-KJD-CWH Plaintiff, [PROPOSED] PRELIMINARY INJUNCTION vs. DOES 1-100, ROE BUSINESS ENTITIES 1100, Defendants. 15 16 17 UPON CONSIDERATION of the motion filed by Plaintiff Zuffa, LLC (“Plaintiff”) for a 18 preliminary injunction and seizure order to prevent Defendants from continuing to manufacture, 19 distribute and sell goods that infringe on Plaintiff’s UFC® Marks (defined in Complaint as 20 UFC®, UFC (stylized)®, ULTIMATE FIGHTING CHAMPIONSHIP® and OCTAGON 21 GIRLS®), the supporting memorandum of points and authorities, the supporting declaration and 22 evidence, the record in this case, and for other good cause shown; 23 THE COURT HEREBY FINDS THAT: 24 1. Plaintiff will suffer irreparable injury to its valuable trademarks and associated 25 goodwill if Defendants are not enjoined and restrained from continuing to sell and distribute 26 goods that infringe on Plaintiff’s UFC® Marks; 27 28 Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 2. Plaintiff is likely to succeed on the merits of its claims for trademark infringement and unfair competition; -1- 2975031.1 1 3. The balance of hardships tips in Plaintiff’s favor because a preliminary injunction 2 would merely prohibit Defendant from profiting from the sale of infringing goods, but the failure 3 to issue preliminary injunction and seizure order would cause Plaintiff to suffer additional 4 irreparable injury and incur additional expense if Defendants relocated beyond the Court’s 5 jurisdiction and continued to sell their infringing goods, requiring Plaintiff to file additional 6 lawsuits in other jurisdictions; and 7 4. The issuance of a preliminary injunction is in the public interest because it would 8 protect consumers against deception and confusion in the marketplace arising from the 9 Defendants’ use of the UFC® Marks by persons other than Plaintiff; 10 THEREFORE, IT IS HEREBY ORDERED THAT, pending a full trial on the merits, 11 Defendants, their agents, servants, employees, attorneys, successors and assigns and all persons, 12 firms and corporations acting in concert with them, and each of them, are hereby enjoined from: 13 (1) using the UFC® Marks in connection with the manufacturing, distributing, offering for sale 14 and selling any goods, including, but not limited to, clothing, hats, posters, and other 15 merchandise; and (2) aiding, abetting, inducing, or encouraging another to perform any fo the 16 acts enjoined herein. 17 IT IS FURTHER ORDERED THAT pursuant to 15 U.S.C. 1116(d), the United States 18 Marshal, for this District or any district in which Plaintiff enforces this order, other federal law 19 enforcement officials, including agents of the U.S. Department of Homeland Security, the state 20 police, local police or local deputy sheriffs, off-duty officers of the same, and any person acting 21 under their supervision, are hereby authorized to seize and impound any and all infringing 22 merchandise bearing the UFC® Marks which Defendants attempt to sell or are holding for sale 23 in the vicinity of any UFC® live event held in the United States through December 31, 2012 at 24 11:59 p.m., including any goods from any carton, container, vehicle, or other means of carriage 25 in which the infringing merchandise is found, from six (6) hours before to six (6) hours after any 26 UFC® event, within a ten (10) mile vicinity of the halls, stadiums or arenas at which said UFC® 27 live event shall be held; 28 Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 -2- 2975031.1 1 AND IT IS FURTHER ORDERED THAT the United States Marshals Service, other 2 federal law enforcement officials, including agents of the U.S. Department of Homeland 3 Security, the state police, local police or local deputy sheriffs, off-duty officers of the same, and 4 any person acting under their supervision, may use all reasonable force in conducting the seizure 5 and may open doors, locks, boxes, brief cases, and containers of any type or nature to locate and 6 identify materials to be seized. Attorneys and other representatives of Plaintiff shall accompany 7 the law enforcement officers identified herein during the seizure to identify the materials to be 8 seized. Plaintiff’s counsel shall itemize and take possession of the seized materials, provide a 9 copy of the inventory to the United States Marshals Service, and file the inventory with the 10 Court. Plaintiff agrees to indemnify the United States Marshals Service and hold it harmless 11 from any suit, claim, cause of action, damage, loss, or injury arising from the execution of the 12 seizure described in this Order; 13 AND IT IS FURTHER ORDERED that no additional security is required and that the 14 $2000 bond previously posted by Plaintiff shall remain in effect to secure the payment of such 15 costs and damages not to exceed such sum as may be suffered or sustained by any party who is 16 found to be wrongfully restrained hereby; 17 AND IT IS FURTHER ORDERED that this order is conditioned upon Plaintiff’s 18 advancing to the law enforcement officers identified herein such sum as is required by the same 19 to cover the fees for their said services, in the event Plaintiff seeks their services in this or any 20 other district; 21 AND IT IS FURTHER ORDERED that service of a copy of this order together with 22 the complaint, be made upon the Defendants by the United States Marshal, other federal law 23 enforcement officials, including agents of the U.S. Department of Homeland Security, the state 24 police, local police or local deputy sheriffs, off-duty officers of the same, and any person acting 25 under their supervision, or by any person over the age of eighteen (18) years not a party to this 26 action selected for that purpose by Plaintiff, at the time of the seizure provided herein is effected 27 and that such service shall be deemed good and sufficient; 28 Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 -3- 2975031.1 1 2 AND IT IS FURTHER ORDERED Plaintiff shall be deemed substitute custodian for all infringing merchandise seized; 3 AND IT IS FURTHER ORDERED that each and every Defendant served with a copy 4 of this order promptly, courteously and peaceably identify himself or herself to the 5 aforementioned process server and/or Plaintiff’s counsel and that the process server or agents for 6 Plaintiff be allowed to photograph, video tape or otherwise identify the individual Defendant; 7 AND IT IS FURTHER ORDERED that any Defendant who is hereafter served with a 8 copy of this order who objects to the provisions hereof may submit his or her objections to this 9 Court or otherwise move for relief from this Court within ten (10) days of the date of seizure 10 according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend 11 this Order or stay the terms herein unless otherwise ordered by this Court. 12 DATED: July 18, th, 2012. July 17 2012 13 14 15 ___________________________________ The Honorable Kent J. Dawson UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 -4- 2975031.1