Pelicans on Parade, Inc. et al v. Vohland et al
Filing
7
TEMPORARY RESTRAINING ORDER and ORDER setting Preliminary Injunction Hearing for 3/11/2014 09:00 AM before Judge Jane Triche Milazzo. Defendants are ORDERED to appear at that time and show cause why Plaintiffs' request for a preliminary injun ction should not be granted. FURTHER ORDERED that Plaintiffs shall immediately serve a copy of this TRO on Defendants via email at info@iconpolystudio.com. Plaintiffs shall also serve a copy of this TRO by sending it to all known addresses for Defendants via national recognized overnight courier as soon as feasibly possible. Signed by Judge Jane Triche Milazzo.(ecm, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PELICANS ON PARADE, INC., ET AL
CIVIL ACTION
VERSUS
NO: 14‐326
KYLE VOHLAND, ET AL
SECTION: “H”(4)
TEMPORARY RESTRAINING ORDER;
ORDER AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING
Before the Court is Plaintiffs' Motion for Temporary Restraining Order (Doc. 6). The Court
has considered the Motion, the Memorandum in Support, the affidavit, the Complaint, the
attachments thereto, and finds as follows:
FINDINGS AND CONCLUSIONS
1.
Plaintiffs have submitted a true and correct copy of a Certificate of Copyright
Registration establishing that Plaintiff, Laura Borchert, is the copyright owner of the
"Pelicans on Parade Original Design" 3D sculpture (the "Copyrighted Sculpture").
2.
Plaintiffs have submitted the affidavit of Laura Borchert showing that Defendants
are, without authorization, distributing copies of the Copyrighted Sculpture.
3.
Plaintiffs have demonstrated that they are likely to prevail on their claim that
Defendants are infringing on the Copyrighted Sculpture.
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4.
Plaintiffs are suffering immediate, irreparable injury due to Defendants'
unauthorized distribution of sculptures which infringe on Plaintiffs' copyright.
Plaintiffs will continue to suffer irreparable injury if this Temporary Restraining
Order ("TRO") is not issued. Specifically, the Court finds that Defendants'
distribution of the Copyrighted Sculpture is currently creating confusion in the
community, inhibiting Plaintiffs' ability to exercise quality control over the
Copyrighted Sculptures, and is irreparably damaging, and will continue to damage,
Plaintiffs' good will in the community.
5.
The injury which Plaintiffs are suffering and will continue to suffer in the absence
of a TRO outweighs any harm the TRO may cause to Defendants.
6.
The public interests embodied in the Copyright Act will be furthered by the issuance
of a TRO prohibiting Defendants from continuing to infringe on Plaintiffs' copyright.
TEMPORARY RESTRAINING ORDER
Accordingly,
IT IS ORDERED that Defendants KYLE VOHLAND and DANIELE VOHLAND, doing business as
ICON POLY STUDIO, and ICON POLY STUDIO, along with their agents, employees, servants, and all
those in privity, concert or participation with any of the aforementioned (the "RESTRAINED
PARTIES") are IMMEDIATELY AND TEMPORARILY RESTRAINED AND ENJOINED from producing,
manufacturing, marketing, advertising, selling, offering for sale, shipping, and/or distributing any
and all "Pelicans on Parade" pelican sculptures and all substantially similar designs. The
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RESTRAINED PARTIES are further IMMEDIATELY AND TEMPORARILY RESTRAINED AND ENJOINED
from attempting, causing or assisting any activity enjoined by this Order.
ORDER SETTING BOND
IT IS FURTHER ORDERED that Plaintiffs shall provide security in the amount of $2,000.00
to pay the costs and damages sustained by Defendants if this TRO is found to have been wrongfully
issued.
ORDER AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING
IT IS FURTHER ORDERED that this TRO shall remain in effect until 9:00 a.m. on Tuesday,
March 11, 2014 at which time the Court will hold a hearing on Plaintiffs' request for a preliminary
injunction. The hearing will take place in the undersigned's courtroom. Defendants are ORDERED
to appear at that time and show cause why Plaintiffs' request for a preliminary injunction should
not be granted.
Defendants are hereby put on notice that failure to attend the hearing will result in the
immediate issuance of the preliminary injunction, which shall be deemed to take effect
immediately upon the expiration or dissolution of the TRO. The preliminary injunction issued in
this manner will extend during the pendency of this suit the same injunctive relief previously
granted by this TRO.
IT IS FURTHER ORDERED that Plaintiffs shall immediately serve a copy of this TRO on
Defendants via email at info@iconpolystudio.com. Plaintiffs shall also serve a copy of this TRO by
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sending it to all known addresses for Defendants via national recognized overnight courier as soon
as feasibly possible.
New Orleans, Louisiana, on this 26th day of February, 2014 at 11:30 a.m.
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____________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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