Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. et al

Filing 17

ORDER FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION - The Motion for Temporary Restraining Order and Preliminary Injunction 7 is granted. The Court, being fully advised in the premises, orders as follows: A preliminary injunction is i ssued effective immediately and continuing until further order of the Court, enjoining Wall Street Equity Group, Inc., Wall Street Group of Companies, Inc., Shepherd Friedman, Steven S. West, their agents, servants, employees and all those in active concert and participation with Defendants from: a. Using the Kiewit Mark or any substantially similar mark in connection with representations to Defendants clients and potential clients and otherwise infringing, diluting and disparaging the Kiewit Ma rk. b. Making any representations which suggest that Defendants have some association, approval or authorization from Kiewit and/or that Kiewit is an interested buyer in the businesses represented by or associated with Defendants. c. Engaging in unfair competition and/or deceptive trade practices. Bond is set in the amount of $100.00. Ordered by Judge Laurie Smith Camp. (Copy to financial) (KBJ)

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA ) ) Plaintiff, ) ) v. ) ) WALL STREET EQUITY GROUP, INC., ) WALL STREET GROUP OF ) COMPANIES, INC., SHEPHERD ) FRIEDMAN AND STEVEN S. WEST, ) ) Defendants. ) PETER KIEWIT SONS', INC., Case No. 8:10-CV-00365

ORDER

THIS MATTER is before the Court on the Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 7) filed by Plaintiff Peter Kiewit Sons', Inc. At the hearing held on October 4, 2010, at 4:00 p.m., Plaintiff appeared through counsel, Michael F. Coyle and Rebecca A. Zawisky. telephonically through counsel, Margaret Hesford. The Court, being fully advised in the premises, orders as follows: 1. A preliminary injunction is issued effective immediately and continuing until further order of the Court, enjoining Wall Street Equity Group, Inc., Wall Street Group of Companies, Inc., Shepherd Friedman, Steven S. West, their agents, servants, employees and all those in active concert and participation with Defendants from: a. Using the Kiewit Mark or any substantially similar mark in connection with representations to Defendants' clients and potential clients and otherwise infringing, diluting and disparaging the Kiewit Mark. b. Making any representations which suggest that Defendants have some association, approval or authorization from Kiewit and/or that Kiewit is an interested buyer in the businesses represented by or associated with Defendants. c. 2. Engaging in unfair competition and/or deceptive trade practices. Bond is set in the amount of $100.00. Defendants appeared

DATED this 4th day of October, 2010.

Prepared and Submitted By: Michael F. Coyle, 18299 Rebecca A. Zawisky, #23505 500 Energy Plaza 409 South 17th Street Omaha, NE 68102-2663 [phone] Attorneys for Plaintiffs
559656.01

S/ Laurie Smith Camp ________________________________ U.S. DISTRICT COURT JUDGE

Approved by Defense Counsel, Margaret Hesford, telephonically At hearing on October 4, 2010.

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