Playspan Holdings, LLC v. Lee

Filing 8

ORDER Granting 2 Motion for Temporary Restraining Order. Motion Hearing re 3 Motion for a Preliminary Injunction is set for 11/17/2011 at 11:00 AM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 11/8/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PLAYSPAN HOLDINGS, LLC,
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Plaintiff,
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v.
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EDMUND LEE,
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Defendant.
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2:11-cv-01790-PMP-VCF
ORDER

UPON CONSIDERATION of Plaintiff’s Motion for Temporary Restraining

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Order Without Notice and for a Preliminary Injunction With Notice (Doc. #2, #3) to place

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the <ultimategamecard.org> domain name on hold, the supporting memorandum of points

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and authorities, the supporting declaration and evidence, the record in this case, and for

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other good cause shown,

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THE COURT HEREBY FINDS THAT:

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1.

Plaintiff will suffer irreparable injury if the Court does not require

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Name.com, Inc., the domain name registrar, to place the <ultimategamecard.org> domain

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name registration on hold and lock and deposit it with the Court, pending litigation of this

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matter;

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2.

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

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under the Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), because

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Plaintiff has demonstrated that Defendant registered the <ultimategamecard.org> domain

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name with a bad faith intent to profit from the ULTIMATE GAME CARD Marks (as

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defined in the Complaint), which were distinctive and/or famous at the time Defendant

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registered the <ultimategamecard.org> domain name;
3.

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

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temporary restraining order would merely place the infringing <ultimategamecard.org>

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domain name on hold and lock pending trial, and failure to issue the restraining order would

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cause Plaintiff to suffer and incur additional expense in having to file additional lawsuit(s)

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if the domain name were to be transferred to other registrants during the pendency of this

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action;
4.

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A temporary restraining order is in the public interest because issuance

would protect consumers against deception and confusion; and
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An ex parte temporary restraining order is appropriate because Defendant

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previously moved the website to a hosting service in Amsterdam, indicating that Defendant

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may transfer the domain name to a registrar outside of United States.
THEREFORE, IT IS HEREBY ORDERED THAT, pending a trial on the

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merits:
A.

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Plaintiff’s Motion for Temporary Restraining Order Without Notice (Doc.

#2) is hereby GRANTED;
B.

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The <ultimategamecard.org> domain name shall be immediately placed on

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hold and lock by Name.com, Inc., which will deposit the domain name into the registry of

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the Court;

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C.

Name.com shall disable the current domain name server information

linked to the <ultimategamecard.org> domain name;
D.

A nominal bond of $100 shall be required because the evidence indicates

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that Defendant will suffer, if at all, only minimal damage by the issuance of this temporary

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restraining order;

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E.

Plaintiff may, in addition to the requirements of service identified in

Federal Rules of Civil Procedure 4 and 5, serve the Summons, Complaint, Motion for
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Temporary Restraining Order and Preliminary Injunction, all supporting documentation,

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this Order, and all other papers and pleadings upon Defendant by e-mail transmission; and

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F.

The parties shall appear for hearing and oral argument on Plaintiff’s

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Motion for a Preliminary Injunction With Notice (Doc. #3) on Thursday, November 17,

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2011, at 11:00 a.m. in Courtroom 7C, in the United States District Court, District of

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Nevada, located at 333 S. Las Vegas Blvd., Las Vegas, Nevada, 89101. The parties shall be

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prepared to address the issue of personal jurisdiction before the Court.

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DATED: November 8, 2011
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_______________________________
PHILIP M. PRO
United States District Judge

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