Ossur hf et al v. Manamed Inc. et al

Filing 25

PRELIMINARY INJUNCTION by Judge James V. Selna. (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ÖSSUR hf, OSSUR AMERICAS, INC.
Plaintiff,

Case No. SACV 17-01015-JVS-DFM
PRELIMINARY INJUNCTION

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vs.
MANAMED, INC., SPARTAMED, LLC,
JOHN LASSO, JOSEPH HORTON and
TREVOR THERIOT,

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Defendants.

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Complaint Filed: June 12, 2017
Trial Date:
None Set

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OSS02-01:Ossur hf v Manamed - Pltf Mtn for Prelim Inj 7-24-17.docx:8-10-17

PRELIMINARY INJUNCTION

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Having considered Plaintiffs’ motion for a preliminary injunction, and the evidence
and arguments in support and opposition thereto, the Court finds that Plaintiffs are likely
to prevail on the merits of their claim that Defendants are infringing their trademarks.
The Court further finds that Plaintiffs are likely to suffer irreparable harm if the
Defendants’ conduct is not restrained while this action is pending. Moreover, because it
appears Defendants’ conduct is likely to cause confusion among consumers, the public
interest favors an injunction against Defendants’ conduct, and the balance of equities also
tips in favor of issuing the preliminary injunction. Therefore, the Court orders Defendants
Manamed, Inc., Spartamed, LLC, John Lasso, Joseph Horton, and Trevor Theriot
(“Defendants”) to observe the following restrictions on their conduct while this case is
pending:
1. Defendants shall immediately cease and desist offering for sale any products
under the trademark “Offloader One.”
2. Defendants shall not use the “Offloader One” trademark in commerce in any
way.
3. Defendants shall promptly remove from the website, www.manamed.net
any references to the “Offloader One.”
4.
Plaintiffs shall post a bond in the amount of $10,000.

IT IS SO ORDERED.

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By:

__________________________
HON. JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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OSS02-01:Ossur hf v Manamed - Pltf Mtn for Prelim Inj 7-24-17.docx:8-10-17-

2PRELIMINARY INJUNCTION