Craters & Freighters v. Daisychain Enterprises et al

Filing 47

AMENDED ORDER GRANTING 10 Plaintiff's Motion for Preliminary Injunction. Signed by Judge Claudia Wilken on 12/16/2009. (cwlc2, COURT STAFF) (Filed on 12/16/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 22, 2009, Plaintiff Craters & Freighters moved ex parte for a temporary restraining order enjoining Defendants Daisychain Enterprises, Kathy Benz and Fred Benz from, among other things, infringing upon Plaintiff's intellectual property. In its v. DAISYCHAIN ENTERPRISES, d/b/a FREIGHT AND CRATE; KATHY BENZ; and FRED BENZ, Defendants. / CRATERS & FREIGHTERS, Plaintiff, No. C 09-4531 CW AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION (Docket No. 10) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Order of October 26, 2009, the Court denied Plaintiff's application and set a hearing date of December 3, 2009 for Plaintiff's motion for a preliminary injunction (Docket No. 22). At the December 3

hearing, the Court ordered Defendants to file an opposition to Plaintiff's motion by December 11. opposition. Defendants provide conclusory arguments that Plaintiff's claims lack merit and might be barred by a defense of laches. However, Defendants offer no competent evidence to support their assertions. Without evidence, Defendants do not defeat Plaintiff's Defendants timely filed an

showing of its likelihood of success on the merits and the possibility of irreparable injury. Thus, having considered all of the papers submitted by the

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

parties, the Court GRANTS Plaintiff's motion for a preliminary injunction. Pending final resolution of this case, Defendants,

their employees and agents, and any other persons acting with Defendants or on Defendants' behalf are restrained and enjoined from: (a) using the infringing mark "Freight & Crate" in conjunction with any shipping or packaging services; (b) using the infringing mark "Freight & Crate" in conjunction with any web-based advertisement or print advertisement; (c) using the infringing mark "Freight & Crate" at any call center to suggest that Freight & Crate is affiliated with Plaintiff Craters & Freighters; (d) from identifying themselves anywhere or any time, by their own initiative or in response to questions by others, as "Craters & Freighters" or as affiliated with Plaintiff Craters & Freighters; (e) using Plaintiff Craters & Freighters' copyrighted materials in advertisement and promotions; and (f) from using the registered trademark "Craters & Freighters" for any purpose whatsoever. Plaintiff's motion for default judgment is scheduled to be heard before Magistrate Judge Joseph Spero on January 29, 2010 at 9:30 a.m.

Dated: December 16, 2009

CLAUDIA WILKEN United States District Judge

2

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CRATERS & FREIGHTERS, Plaintiff, v. DAISYCHAIN ENTERPRISES, et al., Defendants. /

Case Number: CV09-04531 CW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 16, 2009, I SERVED a true and correct copy of the attached, by placing said copy in a postage paid envelope addressed to the persons hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy into an inter-office delivery receptacle located in the Clerk's office.

Fred Benz 574 N. Sonora Way P.O. Box 490 Eagle, ID 83616 Kathy Benz 574 N. Sonora Way P.O. Box 490 Eagle, ID 83616 Dated: December 16, 2009 Richard W. Wieking, Clerk By: Marc Pilotin, Deputy Clerk