MERSCORP Holdings, Inc. et al v. MERS, Inc, et al

Filing 23

PRELIMINARY INJUNCTION ORDER. Signed by Judge Beth Labson Freeman on 9/20/2016. (blflc1S, COURT STAFF) (Filed on 9/20/2016)

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NORTHERN DISTRICT OF CALIFORNIA

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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SAN JOSE DIVISION

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12 MERSCORP HOLDINGS, INC., a Delaware

No.: 16-cv-04380-BLF

corporation, and MORTGAGE ELECTRONIC
13 REGISTRATION SYSTEMS, INC., a Delaware
corporation,

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[PROPOSED] PRELIMINARY
INJUNCTION ORDER

Plaintiff,
vs.
MERS, INC, a California corporation,

17 MORTGAGE ELECTRONIC REGISTRATION
SYSTEM, INC. (MERS), a California

18 corporation,
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Defendants.

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PRELIMINARY INJUNCTION ORDER
Case No. 16-cv-04380-BLF

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The Court hereby orders:

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A. Defendants MERS, Inc and Mortgage Electronic Registration System, Inc. (MERS)’s

3 (“Defendants”), and their officers, agents, servants, employees and attorneys and those in active
4 concert or participation with them, are restrained and enjoined pending trial of this action from:
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1.

Using the MERS® Mark, MERSCORP trade name, or MORTGAGE

6 ELECTRONIC REGISTRATION SYSTEMS, INC. trade name, or any confusingly similar versions
7 thereof, in commerce in the United States;
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2.

Maintaining an active corporation with the name MERS, INC or

9 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) or any confusingly

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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3.

Assisting, aiding, or abetting any other person or entity in engaging in or

12 performing any of the activities referred to in subparagraphs (i) and (ii) above;
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B. If Defendants fail to file the necessary paperwork to comply with Section A.2 above

14 within 14 days of the date of this Order, the Court appoints Plaintiffs, through their in-house counsel
15 Andrew Marmion, as authorized agents of Defendants for the limited purpose of preparing,
16 executing, and filing Certificates of Amendment of Articles of Incorporation with the California
17 Secretary of State to change Defendant MERS, Inc’s corporate name to “Jack Lyles, Inc.” and to
18 change Defendant Mortgage Electronic Registration System, Inc. (MERS)’s corporate name to
19 “Connie Vargas, Inc.”
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IT IS SO ORDERED.

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DATED: September 20, 2016
BETH LABSON FREEMAN
United States District Judge

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PRELIMINARY INJUNCTION ORDER
Case No. 16-cv-04380-BLF