Brown et al v. Young

Filing 5

Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities in Support filed by Bella Bridesmaid, LLC, Bridget Brown. Motion Hearing set for 7/19/2011 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. (Attachments: # 1 Declaration of Bridget Brown, # 2 Declaration of Dawn Newton, # 3 t Declaration of Jeff Tofanelli, # 4 Declaration of Whitney Slatkin, # 5 Declaration of Kevin Chin, # 6 Declaration of Andrew Weeks, # 7Declaration of Nancy Chin, # 8Declaration of Amy Kuschel, # 9 Declaration of Lindsie Jones, # 10 Declaration of Angie Silvy, # 11 Supplement Briefing Schedule, # 12(Proposed) Order )(Newton, Dawn) (Filed on 6/10/2011) Text modified on 6/13/2011; incorrect event type used when posting Declarations (bw, COURT STAFF).

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DAVID C. LEE #193743
DAWN NEWTON #209002
ILSE C. SCOTT #233433
FITZGERALD ABBOTT & BEARDSLEY LLP
1221 Broadway, 21st Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]; [e-mail];
[e-mail]

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Attorneys for Plaintiffs Bridget Brown and
Bella Bridesmaid, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE

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BRIDGET BROWN and BELLA
BRIDESMAID, LLC

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Plaintiffs,
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Case No.: C11-02517 HRL
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

vs.
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YVONNE YOUNG,
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Defendant.

Date: July 19, 2011
Time: 10:00 a.m.
Dept. Courtroom 2, 5th Floor

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WHEREAS, the motion of Plaintiffs Bridget Brown and Bella Bridesmaid, LLC

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(collectively, "Plaintiffs") for a preliminary injunction was heard before this Court on July 19,

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2011, at 10:00 a.m., in Courtroom 2; and

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WHEREAS, Dawn Newton appeared on behalf of Plaintiff and __________________
appeared on behalf of Defendant Yvonne Young ("Defendant"); and
WHEREAS, it appearing to the satisfaction of the Court that Plaintiffs have established a

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combination of probable success on the merits of its trademark infringement claim against

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Defendant and the possibility of irreparable harm;

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IT IS THEREFORE ORDERED that Plaintiff's motion is GRANTED.

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IT IS FURTHER ORDERED that the following preliminary injunction shall be issued:

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[PROPOSED] ORDER - CASE NO. C11-02517 HRL
6/10/11 (27644) #416280.1

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(a)

prohibiting Defendant, her agents, servants, employees, privies, successors, and

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assigns, and all claiming any rights through them, from using for any purpose the name "The

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Bella Bride" or any name including the phrase “Bella Bride” or any other colorable imitation of

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Plaintiff Bridget Brown’s registered trademark; and otherwise infringing on Plaintiff Bridget

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Brown’s registered trademark;

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(b)

requiring Defendant to account to the Plaintiffs and pay the Plaintiffs all profits

realized from the sale of goods or services under the name “The Bella Bride;”
(c)

requiring that Plaintiff recover from Defendant all damages sustained by Plaintiff

on account of the infringement;
(d)

deliver up to Plaintiffs for destruction all letterhead, business cards,

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advertisements and other materials constituting infringement of Plaintiff Bridget Brown’s U.S.

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Trademark Registration No. 3,114,088;

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(e)

prohibiting Defendant from using the domain name “thebellabride.com” and that

such domain name be cancelled or transferred to Plaintiffs;
(f)

requiring that Plaintiffs recover from Defendant all damages sustained on

account of the unfair competition; and

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(e)

ordering Plaintiffs recovery from Defendant for costs of suit.

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IT IS SO ORDERED.

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Dated: ___________________

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________________________________
Honorable Howard R. Lloyd
Magistrate Judge of the U.S. District Court

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[PROPOSED] ORDER - CASE NO. C11-02517 HRL
6/10/11 (27644) #416280.1