Opower, Inc. v. Efficiency 2.0, LLC

Filing 3

MOTION for Preliminary Injunction by Opower, Inc.. (Attachments: # 1 Text of Proposed Order)(Karol, Peter)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

OPOWER, INC.
Plaintiff,
v.
EFFICIENCY 2.0, LLC
Defendant.

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Civil Action No.______________

[PLAINTIFF’S PROPOSED] ORDER FOR PRELIMINARY INJUNCTION
After consideration of the pleadings submitted by the parties in connection with
Plaintiff’s Motion for Preliminary Injunction, filed on November 14, 2011, by Plaintiff Opower,
Inc., and oral argument made at the hearing thereon, it is hereby ORDERED and ADJUDGED as
follows:
1.

Defendant Efficiency 2.0, LLC and its officers, directors employees, agents,

affiliates, successors, assigns, and all those in privity or acting in concert with them, are hereby
restrained and enjoined from infringing Plaintiff’s copyrights by producing, distributing,
displaying, advertising, or promoting its “Energy Savings Report” or any other work that
infringes Plaintiff’s copyrighted works, or any work substantially similar thereto or derived
therefrom.

2.

Defendant shall deliver for destruction all “Energy Savings Reports” in its

possession, or under its control, or any other materials incorporating Plaintiff’s “Home Energy
Reports” or a colorable imitation thereof.
3.

Defendant shall file with the Court and serve upon Plaintiff’s counsel within thirty

(30) days a report in writing under oath, setting forth in detail the manner and form in which
Defendant has complied herewith.

SO ORDERED THIS __________ DAY OF _____________ 2011.

03527/00506 1544621.1