Mega Brands Inc et al v. Lego Juris A/S et al

Filing 15

ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge James V. Selna: Court HEREBY FINDS and ORDERS as follows: Defendants LEGO Juris A/S and LEGO Group, are HEREBY ORDERED TO SHOW CAUSE before the undersigned at the United States District Courthouse, 411 W. 4th St., Santa Ana, California, Courtroom 10C, at 4:00 p.m. PST on February 1, 2012, or at such other time that this Court deems appropriate, why they, and their officers, agents, employees, successors and assigns, and those persons in active concert or privity with any of them, should not be restrained and enjoined, pending trial of this action, from asserting Trademark Registration No. 2,273,314 against Plaintiffs before the United States Customs and Border Patrol. Any papers filed by Defendants in response to the Order to Show Cause must be filed and served by hand, e-mail or facsimile transmission on Plaintiffs' counsel by no later than 5:00 p.m. PST on January 26, 2012. (See document for further details.) (rla)

Francis H. Morrison III (pro hac vice pending)
AXINN VELTROP HARKRIDER LLP
2 90 State House Square
9th Floor
3 Hartford, Connecticut 06103
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
1

5

Ben M. Davidson (State Bar No. 181464)
Heather H. Fan (State Bar No. 215201)
DAVIDSON LAW GROUP
7 11377 West Olympic Boulevard
Los Angeles, California 90064
8 Telephone: [phone]
Facsimile: [phone]
9 Email: [e-mail]
Email: [e-mail]
6

10
11

Attorneys for Plaintiffs MEGA BRANDS, INC.
and MEGA BRANDS AMERICA

12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14
15

MEGA BRANDS INC., a foreign
16 corporation, and MEGA BRANDS
AMERICA, INC., a New Jersey
17 corporation,
Plaintiffs,

18
19

v.

Case No. SACV 12-00064-JVS(ANx)

ORDER TO SHOW CAUSE WHY A
PRELIMINARY INJUNCTION
SHOULD NOT ISSUE

LEGO JURIS A/S, a foreign
corporation, and LEGO GROUP, a
21
foreign corporation,
20

22

Defendants.

23
24
25
26
27
28

[PROPOSED] ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE

1

[PROPOSED] ORDER

2

Upon reviewing the papers filed by Plaintiffs MEGA Brands Inc. and

3

MEGA Brands America, Inc. in support of their Ex Parte Application for a

4

Temporary Restraining Order (“Application”), including the Summons and

5

Complaint, the Memorandum of Points and Authorities, the Declarations of Vic

6

Bertrand and Mark P. Girgis, together with the exhibits attached thereto, and all

7

pleadings and proceedings heretofore had herein, and having considered the factors

8

relating to: (i) Plaintiffs’ probability of success on the merits; (ii) the risks of

9

irreparable injury to Plaintiffs in the event preliminary relief is denied; (iii) the

10

existence of serious questions going to the merits of Plaintiffs’ claim; (iv) the

11

balance of hardships; and (v) the public interest, as well as the need for immediate

12

relief by Plaintiffs in light of the ongoing damage to Plaintiffs’ business reputation

13

and goodwill with its retail customers and business partners, the Court HEREBY

14

FINDS and ORDERS as follows:

15

Defendants LEGO Juris A/S and LEGO Group, are HEREBY ORDERED

16

TO SHOW CAUSE before the undersigned at the United States District

17

Courthouse, 411 W. 4th St., Santa Ana, California, Courtroom 10C, at 4:00 p.m.

18

PST on February 1, 2012, or at such other time that this Court deems appropriate,

19

why they, and their officers, agents, employees, successors and assigns, and those

20

persons in active concert or privity with any of them, should not be restrained and

21

enjoined, pending trial of this action, from asserting Trademark Registration No.

22

2,273,314 against Plaintiffs before the United States Customs and Border Patrol.

23

Any papers filed by Defendants in response to the Order to Show Cause

24

must be filed and served by hand, e-mail or facsimile transmission on Plaintiffs’

25

counsel by no later than 5:00 p.m. PST on January 26, 2012. Any reply papers that

26

Plaintiffs may elect to file must be filed and served by

27
28
-1[PROPOSED] ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE

1

hand, e-mail or facsimile transmission on Defendants’ counsel on or before noon

2

p.m. PST on January 30, 2012.

3
4

IT IS SO ORDERED

5
6
7

Dated: January 18,

8 2012

By:

9

United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2[PROPOSED] ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE