Beckman Coulter, Inc. v. BeckCoult.com

Filing 17

ORDER BY JUDGE JEREMY FOGEL GRANTING PRELIMINARY INJUNCTION. Signed by Judge JEREMY FOGEL on 8/10/2010. (jflc1, COURT STAFF) (Filed on 8/10/2010)

**E-Filed 8/10/2010**

1 CARLO F. VAN DEN BOSCH, Cal. Bar No. 185207 [e-mail] 2 MICHELLE LAVOIE WISNIEWSKI, Cal. Bar No. 234032 [e-mail] 3 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 650 Town Center Drive, 4th Floor 4 Costa Mesa, California 92626 Telephone: [phone] Facsimile: 714-513-5100 6 JAMES M. CHADWICK, Cal. Bar No. 157114 [e-mail] 7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 990 Marsh Road 8 Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-815-2601 10 Attorneys for Plaintiff BECKMAN COULTER, INC. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 BECKMAN COULTER, INC., a Delaware Case No. 5:10-cv-03110-JF 15 corporation, Hon. Jeremy Fogel ____________ 16 Plaintiff, [PROPOSED] PRELIMINARY INJUNCTION 17 v. [Complaint Filed July 15, 2010] 18 BECKCOULT.COM, a Domain Name, and DOES 1 through 20, inclusive, 19 Defendant. 20 21 WHEREAS, on July 15, 2010, plaintiff Beckman Coulter, Inc. ("Plaintiff") moved for a

22 temporary restraining order preventing Defendants from operating or managing the Beckcoult.com 23 domain name; 24 WHEREAS, on July 26, 2010, this Court granted Plaintiff's motion for a temporary

25 restraining order and permitted service of the Summons, Complaint, and Temporary Restraining 26 Order on Defendants by email; 27 WHEREAS, on July 28, 2010, Plaintiff served Defendants with a copy of the Summons,

28 Complaint, Case Management & Scheduling Orders, and Temporary Restraining Order to the -1W02-WEST:5JMC1\402844735.1

[PROPOSED] PRELIMINARY INJUNCTION

1 email address [e-mail] in compliance with the Court's July 26, 2010 Order, and 2 received no notice that the message was was undeliverable, nor any other indication that the 3 message was not delivered or received; 4 WHEREAS, Plaintiff's motion for preliminary injunction came on for hearing before this

5 Court on August 6, 2010 at 9:00 a.m.; 6 WHEREAS, neither Plaintiff nor the Court has received any communication from

7 Defendants in response to the Summons, Complaint and Temporary Restraining Order served on 8 Defendants on July 28, 2010; and 9 WHEREAS, for good cause shown, the Court adopts the findings and legal conclusions of

10 its July 26, 2010 Order granting Plaintiff's Ex Parte Application for a Temporary Restraining 11 Order and incorporates those findings by reference into this Order. 12 NOW THEREFORE, THE COURT HEREBY issues a preliminary injunction enjoining

13 and restraining Defendants from operating or maintaining any website using the Beckcoult.com 14 domain name or any other domain name owned or used by Plaintiff pending final resolution of 15 this case. To facilitate this result, the domain name registry, Verisign, Inc., shall disable the 16 Beckcoult.com domain name by maintaining it offline and shall not allow transfer of the domain 17 name pending final resolution of this matter. 18 The preliminary injunction shall be in effect until the case is resolved by judgment or

19 otherwise. 20 21 22 23 24 25 26 27 28 -2W02-WEST:5JMC1\402844735.1

IT IS SO ORDERED

August 10 Dated: _______________, 2010 JEREMY FOGEL United States District Court Judge

[PROPOSED] PRELIMINARY INJUNCTION