SEBO America, LLC v. Does 1-10

Filing 12

ORDER Granting 7 Plaintiff's motion for a temporary restraining order; this temporary restraining order is granted on a nationwide basis; all listings on Amazon.com by "seller ID number" A12ATF1URACIC7 which contain these tradem arks shall be removed while this order is in effect; this order is conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, bank check, or cash in the amount of $5,000 no lat er than Thursday, August 29, 2019, at 5 p.m. to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby; and this order shall remain in full force and effect pending hearing and determination of an application for a preliminary injunction or the expiration of fourteen (14) days from the date of this order, whichever comes first, by Judge Raymond P. Moore on 8/28/2019.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 1:19-cv-02382-RM-STV
SEBO AMERICA, LLC,
Plaintiff,
v.
DOES 1-10,
Defendants.
______________________________________________________________________________
TEMPORARY RESTRAINING ORDER
______________________________________________________________________________
This matter is before the Court on Plaintiff’s motion for a temporary restraining order.
(ECF No. 7.) Having reviewed the documents filed in support of the motion, including the
complaint, the affidavit of John Van Leuven, and the declaration of Plaintiff’s counsel, the Court
grants the motion.
To obtain injunctive relief, a plaintiff must establish “(1) a substantial likelihood of
prevailing on the merits; (2) irreparable harm unless the injunction is issued; (3) that the
threatened injury outweighs the harm that the preliminary injunction may cause the opposing
party; and (4) that the injunction, if issued, will not adversely affect the public interest.” Diné
Citizens Against Ruining Our Environment v. Jewell, 839 F.3d 1276, 1281 (10th Cir. 2016)
(quotation omitted). Under Fed. R. Civ. P 65(b)(1), “[t]he court may issue a temporary
restraining order without written or oral notice to the adverse party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and
irreparable injury, loss, or damage will result to the movant before the adverse party can be heard

in opposition; and (B) the movant’s attorney certifies in writing any efforts made to give notice
and the reasons why it should not be required.”
Plaintiff has made the required showing. Accordingly, the Court ORDERS that:
(1)

Plaintiff’s motion for a temporary restraining order (ECF No. 7) is GRANTED;

(2)

Defendants, their subsidiaries, affiliates, divisions, officers, directors, principals,
servants, employees, successors and assigns, and all of those acting in concert or
participation with them, via the use of all sales platforms and sales channels,
including the Amazon.com “seller ID number” A12ATF1URACIC7, are
RESTRAINED and ENJOINED from
(a)

infringing upon, unfairly competing with, and/or passing off Plaintiff’s
trademarks (SEBO, SEBO & DESIGN, FELIX, AIRBELT, DART, and
WORKS FOR ME) under federal trademark, unfair competition, and false
advertising laws;

(b)

advertising, promoting, or selling products bearing these trademarks to
customers in the United States;

(c)

imitating, copying, or making use of these trademarks which falsely
suggests that any advertisement, promotion, or sale of any goods by
Defendants is authorized, sponsored, or approved by Plaintiff;

(d)

imitating, copying, or making use of these trademarks which falsely
misrepresents that the nature, characteristics, qualities, or origin of any
products;

(e)

imitating, copying, or making any use of these trademarks in any manner
which is likely to create confusion, deception, or mistake regarding any

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connection between Plaintiff and Defendants, their goods, or their
trademarks; and
(f)

destroying, modifying, moving, hiding, or otherwise making inaccessible
to the Court and/or Plaintiff any article or thing, in digital and/or physical
form, exhibiting or using these trademarks;

(3)

this temporary restraining order is granted on a nationwide basis;

(4)

all listings on Amazon.com by “seller ID number” A12ATF1URACIC7 which
contain these trademarks shall be removed while this order is in effect;

(5)

this order is conditioned upon Plaintiff’s filing with the Clerk of this Court an
undertaking in the form of a bond, certified check, bank check, or cash in the
amount of $5,000 no later than Thursday, August 29, 2019, at 5 p.m. to secure the
payment of such costs and damages not to exceed such sum as may be suffered or
sustained by any party who is found to be wrongfully restrained hereby; and

(6)

this order shall remain in full force and effect pending hearing and determination
of an application for a preliminary injunction or the expiration of fourteen (14)
days from the date of this order, whichever comes first.

DATED this 28th day of August, 2019, at 5 p.m.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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