AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 182

ORDER amending #176 Order. Signed by Judge Tanya S. Chutkan on 4/3/2017. (lctsc2)

Case 1:13-cv-01215-TSC Document 182 Filed 04/03/17 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

AMERICAN SOCIETY FOR TESTING
AND MATERIALS, et al.,
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

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Case No. 13-cv-1215 (TSC)

AMENDED ORDER
Upon consideration of the parties’ joint stipulation to a modified order in their Joint
Status Report (ECF No. 179), the court hereby amends its February 2, 2017 Order (ECF No.
176) to include the following:
It is ORDERED that Defendant is permanently enjoined from all unauthorized use of
Plaintiffs’ registered trademarks, provided that nothing in this injunction is intended to or does
apply to (a) Defendant’s use of Plaintiffs’ names or logos in those documents that have been
filed publicly in this action and that Defendant has posted to its website; (b) Defendant’s posting
or other use of letters that Plaintiffs themselves have sent to Defendant, governmental agencies,
or third parties and that include Plaintiffs’ names or logos; (c) Defendant’s use of Plaintiffs’
names or the names of their standards in tables that Defendant has posted to its website to
indicate jurisdictions that have incorporated such standards by reference; or (d) Defendant’s
reference to Plaintiffs’ names or the names of their standards in Defendant’s critical commentary
and political speech, subject to the limitation that this does not permit Public Resource to display
on its website Plaintiffs’ registered trademarks in versions of the standards that Plaintiffs publish.

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Case 1:13-cv-01215-TSC Document 182 Filed 04/03/17 Page 2 of 2

Moreover, this injunction does not apply to third-party standards posted by Public Resource that
merely reference Plaintiffs or Plaintiffs’ works without reproducing Plaintiffs’ works in whole or
substantial part.

Date: April 3, 2017

Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge

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