W.L. Gore & Associates, Inc. v. Topographic Sports, Inc. et al

Filing 20

STIPULATED PRELIMINARY INJUNCTION. Ordered that the Parties 18 Stipulated Motion To Convert Temporary Restraining Order to Preliminary Injunction and Vacate Evidentiary Hearing is granted. That the evidentiary hearing currently set for February 22, 2016, at 10:00 a.m. is vacated; That the clerk of the court is directed to release the Registry Funds and issue a check to W.L. Gore & Associates, Inc., for the amount of the bond ($25,000.00), plus any accrued interest accrued on the bond. By Judge Robert E. Blackburn on 2/19/2016.(agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 1:16-cv-00275-REB-KLM
W.L. GORE & ASSOCIATES, INC.,
Plaintiff,
v.
TOPOGRAPHIC SPORTS, INC. d/b/a SPIRA
and NADIA NAHMAD,
Defendants.

STIPULATED PRELIMINARY INJUNCTION
Blackburn, J.
The matter the court is the parties’ Stipulated Motion To Convert Temporary
Restraining Order to Preliminary Injunction and Vacate Evidentiary Hearing [#18],
filed February 18, 2016. Having reviewed the stipulated motion and the file, and being
advised of the premises, I find and conclude that the stipulated motion is well-taken and
should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Stipulated Motion To Convert Temporary Restraining
Order to Preliminary Injunction and Vacate Evidentiary Hearing [#18],
filed February 18, 2016, is granted;
2. That under Fed. R. Civ. P. 65(d) and the agreement of the parties, the
temporary restraining order entered in accordance with the court’s Order

Granting In Part Motion for Temporary Restraining Order [#11], filed
February 8, 2016, is converted to an order of preliminary injunction, pursuant
to which, defendants are preliminarily enjoined as follows:
a. Defendants Topographic Sports, Inc. d/b/a Spira, and Nadia Nahmad,
and their officers, agents, servants, employees, attorneys, and any
persons acting in concert or participation with any of them (collectively,
the “Restrained Parties”), are hereby preliminarily enjoined from using
any reproduction, counterfeit, copy, or colorable imitation of the United
States Trademark Registrations identified below:
Mark

Reg. No.

Mark

Reg. No.

2,374,361

WINDSTOPPER

1,754,533

1,776,583

SITKA

3,263,980

1,836,234

WINDSTOPPER

3,263,981

1,913,436

(hereinafter the “Gore Marks”) in commerce including, without
limitation, by importing, manufacturing, selling, offering for sale,

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distributing, promoting, or advertising any good or service in
connection with any reproduction, counterfeit, copy, or colorable
imitation of the Gore Marks;
b. The Restrained Parties are also preliminarily enjoined and restrained
from altering in any way any products in their possession, custody, or
control bearing the Gore Marks or any colorable imitation of the Gore
Marks, including, without limitation, by removing any hang tags or other
material bearing the Gore Marks from the products; and
c.

The Restrained Parties shall, within fourteen (14) days of entry of this
Order, deliver to Gore all products and materials in their possession,
custody, or control which depict the Gore Marks or any colorable
imitation of the Gore Marks, including without limitation garments, hang
tags, printed signs, mailers, or flyers; provided, however, this
requirement does not include fabric or materials or customer branded
goods that do not depict the Gore Marks or any colorable imitation of
the Gore Marks;

3. That the preliminary injunction shall remain in force until either the court
reaches a decision on the merits in this case or the parties otherwise agree
and their agreement is approved by the court;
4. That the evidentiary hearing currently set for February 22, 2016, at 10:00 a.m.
is vacated; and

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5. That the clerk of the court is directed to release the Registry Funds and issue
a check to W.L. Gore & Associates, Inc., for the amount of the bond
($25,000.00), plus any accrued interest accrued on the bond, less the registry
fee assessed, made payable to W.L. Gore & Associates, Inc., 555 Paper Mill
Road, Newark, Delaware 19711, and delivered to Faegre Baker Daniels LLP
c/o Jared B. Briant, 1700 Lincoln Street, Suite 3200, Denver, Colorado 80203.
Dated February 19, 2016, at Denver, Colorado.
BY THE COURT:

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