G4 Media, LLC v. Xplay Links, et al

Filing 13

PRELIMINARY INJUNCTION. Signed by Judge Philip M. Pro on 5/12/11. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:11-cv-00685-PMP -GWF Document 3-2

Filed 04/29/11 Page 1 of 2

1 MICHAEL J. McCUE (Bar No. 6055)
[e-mail]
2 JOHN L. KRIEGER (Bar No. 6023)
[e-mail]
3 JONATHAN W. FOUNTAIN (Bar No. 10351)
[e-mail]
4 LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
5 Las Vegas, Nevada 89169
Tel: [phone]
6 Fax: [phone]
7 Attorneys for G4 Media
G4 MEDIA, LLC
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

Case No. 2:11-cv-685

G4 MEDIA, LLC, a Delaware limited liability
12 company,
13
14

Plaintiff,

ORDER ENTERING
PRELIMINARY INJUNCTION

v.

15 XPLAY LINKS, a business of unknown origin;
ALEXANDRO TURCIOS, an individual,
16
Defendants.
17
18

UPON CONSIDERATION of the motion filed by Plaintiff G4 Media, LLC (“Plaintiff”

19 and/or “G4 Media”) for a preliminary injunction, the supporting memorandum of points and
20 authorities, the supporting declaration and evidence, the record in this case, and for other good
21 cause shown;
22 THE COURT HEREBY FINDS THAT:
23

1.

Plaintiff will suffer irreparable injury to its valuable trademarks and the associated

24 goodwill if Defendants are not enjoined from transferring the <XPlayLinks.com> domain name,
25 which contains Plaintiff’s X-PLAY mark, to other domain name registrars or transferring
26 registration of the domain names to other persons or entities;
27

2.

Plaintiff will suffer irreparable injury to its valuable trademarks and the associated

28 goodwill if Defendants are not enjoined from owning or using domain names containing the XLewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
581378.1

Case 2:11-cv-00685-PMP -GWF Document 3-2

Filed 04/29/11 Page 2 of 2

1 PLAY mark.
2

3.

Plaintiff is likely to succeed on the merits of its claims for cybersquatting;

3

4.

The balance of hardships tips in favor of Plaintiff because issuance of the

4 injunction would merely prevent Defendants from linking the <XPlayLinks.com> domain name,
5 which is identical or confusingly similar to Plaintiff’s X-PLAY mark, to active web sites, and
6 would transfer registration of the <XPlayLinks.com> domain name to Plaintiff pending trial;
7 failure to issue the injunction would cause Plaintiff to continue to suffer loss of control over its
8 goodwill and reputation and deprive Plaintiff of the opportunity to use domain names containing
9 its trademarks;
10

5.

Issuance of the preliminary injunction would be in the public interest because it

11 would protect consumers against deception and confusion arising from registration and/or use of
12 Plaintiff’s trademarks by an entity other than Plaintiff;
13

THEREFORE, IT IS HEREBY ORDERED THAT, pending a full trial on the merits:

14

A.

Registration of the <XPlayLinks.com> domain name shall be immediately

15 transferred to Plaintiff. The domain name registrar, Go Daddy.com, Inc., shall effectuate the
16 transfer.
17

B.

The hold and lock placed on the <XPlayLinks.com> domain name by

18 GoDaddy.com, Inc. in accordance with the temporary restraining order shall remain in place
19 during the pendency of this action.
20

C.

Plaintiff shall not be required to post an additional bond because the evidence

21 indicates that Defendants will only suffer, if at all, minimal damage by the issuance of this
22 preliminary injunction, hence, the present bond of $100.00 will remain in effect.
23

ENTERED: this __
______day of May, 2011.
12th day _____________, 2011.

24
25
26

____________________________________________
_______________________________
UNITED STATES DISTRICT JUDG
JUDGE

27
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

28
-2581378.1