Associated Content, Inc. v. Adams

Filing 10

Order Granting 5 Motion for Temporary Restraining Order and Setting Hearing for Preliminary Injunction (see Order for details), signed by Judge Richard P. Matsch on 2/2/2010. (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.1 O-cv-OOO39-RPM-KLM

ASSOCIATED CONTENT, INC. Plaintiff,

v.
BRIAN ADAMS, Defendant. ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER AND SETTING HEARING FOR PRELIMINARY INJUNCTION THIS MATTER is beforethe Court on Plaintiff's Motion for a TemporaryRestraining Order and PreliminaryInjunction, filed January26, 2010. The Court Finds as follows: On January26, 2010,the Court issuedan Order settingthe hearingfor February 2,2010 at 9:30 a.m. [Doc. 6]. That Orderrequiredpersonalserviceon the Defendant,andthe Plaintiff filed a certificateof compliancedemonstrating Plaintiff personallyservedthe that Defendantwith notice of the hearing. [Doc. 8].
2.

Further,asrequiredby D.Colo.LCivR. 56.1(A)(l) & (B), the Plaintiff hasprovided

the Court with evidence that the Defendantwas servedwith a copy of its Verified Complaint [Doc. 1], Motion and Memorandum supportof the motion, declaration,and exhibits [Doc. 5], in andthe proposed order. SeeDoc. 7
3..

At the hearing,Plaintiff was represented its counselof recordand waspresent by

throughMr. Craig Abruzzo, GeneralCounseland Secretary.The Defendantdid not appear.

4.

The Court hasreviewedPlaintiff's Verified Complaint [Doc. 1], and Motion and

Memorandum supportof the motion, declaration,and exhibits [Doc. 5]. Throughthese in submissionswhich includeda lengthy declarationby Mr. Abruzzo, the Plaintiff hasmadea , showingthat:

A.

Defendanthasviolated Plaintiff's Tenns of Use and MasterLicense Agreementby submittingcontentthat was false;

B.

Defendanthasusedand infringed on trademarks copyrightsowed by and Plaintiff; and,

c,

Defendanthassold a document, referredto in Plaintiff's submissions as
the "Guide," which infringes on Plaintiff's intellectual property and purports to instruct others on how to defraud Plaintiff.

Based on these submissions, the Court fmds that Plaintiff has a substantial likelihood of prevailing on the merits of its claims; that it will suffer irreparable injury if it is denied a temporary restraining order; that Plaintiff's injury outweighs the injury that Defendant might suffer under a temporary restraining order; and that an injunction would not be adverse to the

public interest.
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's Motion for Temporary Restraining Order is GRANTED and that Defendant and his agents, servants, employees, representatives, successorsand assigns, and all other persons, firms or corporations acting in concert, privity or participation with him shall be temporarily enjoined and restrained

from:

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1.

AccessingPlaintiffs websitethroughlog-ins, submission contentor any other of

mannerthat would provide access registered to users; Using, disclosing,disseminating, distributing or copying Plaintiff's copyrighted, trademarkedor proprietaryinformation; ,
3.

Destroyingany documents electronicdatapertainingto the conductreferenced or

in Plaintiff's Complaint;

4.

Assisting,aiding or abettingany otherpersonor business entity from engagingin

or perfonning any of the above-described acts;and

5.

Prohibiting Defendantfrom marketing,transferring,or selling, either directly or

indirectly, "The Complete AssociatedContentGuideto Making $2000/Month:Former AssociatedContentEmployee Reveals All. IT IS FURTHER ORDEREDthat, pursuant Fed.R.Civ.P. to 65(c),the Plaintiff shall post a bond of$l,OOO. IT IS FURTHER ORDEREDthat the Court will hold a preliminary injunction hearingat 3 p.m. on February12,2010 andthat Plaintiff shall provide notice to the Defendantof this Order and the hearingthroughpersonalserviceor a signedwaiver of service.

Dated day, &1~~ this

~1 "l-/Oat

,
BY THE COURT:

CfLo m.

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