AOL Inc. v. Slade

Filing 27

STIPULATION AND STIPULATED TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ORDER. Signed by Judge Alsup on May 19, 2010. (whalc1, COURT STAFF) (Filed on 5/19/2010)

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Case3:10-cv-01992-WHA Document26 Filed05/18/10 Page1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JENNIFER LEE TAYLOR (CA SBN 161368) JTaylor@mofo.com LINDSAY T. BRAUNIG (CA SBN 244125) LBraunig@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 LEE J. EULGEN (pro hac vice) leulgen@ngelaw.com SARAH E. SMITH (pro hac vice) ssmith@ngelaw.com GREGORY J. LEIGHTON (pro hac vice) gleighton@ngelaw.com NEAL, GERBER & EISENBERG LLP 2. N. LaSalle Street, Suite 1700 Chicago, Illinois 60602-3801 Telephone: 312.269.8000 Facsimile: 312.269.1747 Attorneys for Plaintiff AOL INC. JAMES MCMANIS (CA SBN 40958) jmcmanis@mcmanislaw.com TYLER ATKINSON (CA SBN 257997) tatkinson@mcmanislaw.com McMANIS FAULKNER A Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 95113 Telephone: 408.279.8700 Facsimile: 408.279.3244 Attorneys for Defendant Morgan Slade UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AOL INC., a Delaware corporation, Plaintiff, v. MORGAN SLADE D/B/A THEKITCHENDAILY.COM and DOES 1 through 10, Defendants. Case No. C 10-01992 WHA STIPULATION AND [PROPOSED] STIPULATED TEMPORARY RESTRAINING AND PRELIMINARY INJUNCTION ORDER Hearing: Time: Dept.: Judge: May 20, 2010 2:00 p.m. 9 Hon. William Alsup STIP AND [PROPOSED] STIPULATED TEMP. RESTRAINING AND PRELIMINARY INJUNCTION ORDER CASE NO.:C 10-01992 WHA sf-2845669 Case3:10-cv-01992-WHA Document26 Filed05/18/10 Page2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 7, 2010, Plaintiff AOL Inc. ("AOL") submitted its Application for a Temporary Restraining Order against Defendant Morgan Slade ("Slade"). AOL and Slade hereby stipulate as follows: 1. Slade and all entities under his control, as well as any of his subsidiaries, licensees, partners, assigns, related entities, predecessors, successors, employees, representatives, trustees, receivers, agents, and any other persons or entities acting on behalf of Slade or with Slade's authority shall be temporarily and preliminarily enjoined from selling, offering for sale, holding for sale, advertising or promoting any goods or services under or in connection with the designations and domain names THE KITCHEN DAILY, KITCHENDAILY and <thekitchendaily.com>, or with any designations or domain names confusingly similar thereto, or otherwise using the designations and domain names THE KITCHEN DAILY, KITCHENDAILY and <thekitchendaily.com> or any designations or domain names confusingly similar thereto pending further order of this Court. 2. This Order in no way prohibits Slade from publishing any content on the internet, so long as he does not do so under or in connection with the designations and domain names THE KITCHEN DAILY, KITCHENDAILY or <thekitchendaily.com>, or any designations or domain names confusingly similar thereto. This Order also in no way prohibits Slade from selling, offering for sale, holding for sale, advertising or promoting any goods or services under or in connection with the designations and domain names KITCHEN IN SEASON, A KITCHEN IN SEASON, THE KITCHEN IN SEASON, <kitcheninseason.com>, <akitcheninseason.com>, and <thekitcheninseason.com>. 3. Slade reserves all rights and defenses to AOL's claims in this matter and reserves the right to pursue any and all claims against AOL. AOL retains all rights and defenses with regard to any claims raised by Slade, including without limitation any defenses related to limitations on actions. 4. 5. That no security is required in this matter. That this Order shall remain in effect pending either the entry of an order dismissing this action, or the entry of an order of final judgment. STIP AND [PROPOSED] STIPULATED TEMP. RESTRAINING AND PRELIMINARY INJUNCTION ORDER CASE NO.:C 10-01992 WHA 1 sf-2845669 Case3:10-cv-01992-WHA Document26 Filed05/18/10 Page3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Upon the Court's entry of this Stipulated Temporary Restraining and Preliminary Injunction Order, AOL's Application for Temporary Restraining Order shall be deemed withdrawn without prejudice and shall be taken off calendar. Dated: May 18, 2010 MORRISON & FOERSTER LLP By: /s/ Jennifer Lee Taylor JENNIFER LEE TAYLOR Attorneys for Plaintiff AOL Inc. ____ Dated: May 18, 2010 McMANIS FAULKNER By: /s/ Tyler Atkinson TYLER ATKINSON Attorneys for Defendant Morgan Slade ____ PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing on plaintiff's applicatPonRor a tNTpTOrSTIPULATION,rIT VASO ORDERED. ES DISTRIC i U fSUA em ora y restraining orde is IS CATED. T May 19, 2010. DATED: ________________ UNIT ED ER N F D IS T IC T O R A C LI FO Judge W illiam A lsup R NIA ___________________________ D UNITED STATES DISTRICTVE APPRO JUDGE NO S T TA C RT U O STIP AND [PROPOSED] STIPULATED TEMP. RESTRAINING AND PRELIMINARY INJUNCTION ORDER CASE NO.:C 10-01992 WHA RT H 2 sf-2845669

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