Stelor Productions, v. Silvers
Filing
55
RESPONSE by Stelor Productions in opposition to [50-1] objection (kw, Deputy Clerk)
Case 9:05-cv-80393-DTKH
Document 55
Entered on FLSD Docket 07/06/2005
Page 1 of 21
UNITED STATES DISTRICT COUR T FOR THE SOUTHERN DISTRICT OF FLORID A CASE NO. 05-80393 CIV HURLEY/HOPKINS STELOR PRODUCTIONS, L .L .C ., a
1 1c 1 ·]ll /'] YP Illllllf'! 1 11 :1(11111 , 1".I IIIIIIi111 V . ' 1 V
f/k/a STELOR PRODUCTIONS, INC . , Plaintiff,
vs . STEVEN A . SILVERS, a Florida resident ,
NIGHT BOX FILE D
0 1 2005
CLARENCE MADDOX CLERKS USDC / SDFj / Ent
Defendant .
PLAINTIFF'S OPPOSITION TO SILVERS' OBJECTION TO REPORT AND RECOMMENDATIO N Plaintiff STELOR PRODUCTIONS, L .L .C . ("Stelor"), by and through undersigned counsel , hereby opposes Defendant ' s Objection to Report and Recommendation ("Report") : 1 . INTRODUCTIO N The Magistrate ' s Repo rt is thorough , well-reasoned and correct . It should be adopted by this Cou rt and the recommended injunction entered . As the Magistrate analyzed in detail,
Defendant Silvers' claims that Stelor breached a License Agreement between the pa rties are simply unfounded . Silvers' termination of the License Agreement was rash and improper, and obviously motivated by his desire to pursue a trademark infringement action against Google, Inc . - the internet giant - although that ri ght belongs to Stelor under the Agreements . (DE 24 at 3) . Entry of an injunction is required to prevent irreparable injury to the Plaintiff. Stelor has the exclusive ri ght to control , use and protect the valuable Googles intellectual prope rt y . The googles.com domain name (and the corresponding www .googles . com intern et address ) is a cri tical component of that prope rty, and the foundation of the business Stelor has spent three years and $4 million developing . The hundreds of thousands of "hits" on that address each day, and the existing base of 600,000 registered users, are what attract the investment capital and potential licensees required for Stelor's business to develop . Without the user base and ongoing traffic associated with the www .googles .com address - which no other addres s available to Stelor could produce - the business is simply not commercially viable .
Case 9:05-cv-80393-DTKH
Document 55
Entered on FLSD Docket 07/06/2005
Page 2 of 21
CASE NO . 05-80393 CIV HURLEY/HOPKIN S As a result of last week's successful trade show in New York, interest from potential licensees and promoters is at an unprecedented height, as are the prospects for Stelor's ongoing business . If access to the www .googles .com internet address is lost, all of the momentum and success from the trade show will have been for naught, and irreparable harm will clearly occur .
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