Cybergun S.A. et al v. JAG Precision

Filing 11

TEMPORARY RESTRAINING ORDER. Plaintiffs shall post a bond of $10,000.00 in accordance with Federal Rule of Civil Procedure 65(c). Responses due by 1/27/2012. Replies due by 1/30/2012. Motion Hearing set for 2/1/2012 09:00 AM in LV Courtroom 6D before Judge Kent J. Dawson. Signed by Judge Kent J. Dawson on 1/18/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 CASE NO. 2:12-cv-00074- KJD-GWF CYBERGUN, S.A., a French Corporation, and 3 FN HERSTAL, S.A., a Belgian Corporation, 4 Plaintiffs, [PROPOSED] TEMPORARY RESTRAINING ORDER 5 v. 6 JAG PRECISION, a California Corporation, 7 Defendant. 8 by Plaintiffs Cybergun, S.A. (“Cybergun”) and FN Herstal, S.A. (“FNH”) and finds that Plaintiffs 11 have demonstrated a reasonable likelihood of success with respect to their claims of trade dress 12 HOLLAND & HART LLP The Court has considered the merits of the Motion for Temporary Restraining Order filed 10 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 9 and copyright infringement against Defendant Jag Precision (“Jag”), whose accused airsoft rifles 13 are nearly identical to the proprietary SCAR design owned by Plaintiffs. The Court also finds that 14 Plaintiffs risk serious irreparable harm if Jag is not immediately enjoined from selling and 15 marketing the accused rifles at this year’s SHOT Show and thereafter. Finally, the Court finds that 16 Jag has been given notice of its accused conduct and of Plaintiff’s Motion for Temporary 17 Restraining Order. Accordingly, the Court hereby GRANTS Plaintiffs’ Motion and enters the 18 following temporary restraining Order against Jag: 19 Defendant Jag Precision, including all officers, directors, principals, agents, servants, 20 employees, successors and assigns, and all others aiding, abetting, or acting in concert or active 21 participation therewith, are hereby enjoined from making, using, selling, and offering to sell the 22 knockoff products, including the Vega Force MK16 products, the Vega Force MK17 products, the 23 Echo 1 ASC products, and the Echo 1 ASC-H products, or any other product that is the substantial 24 equivalent to the knockoff products in overall design and appearance, regardless of whatever 25 “version” or name Defendants may use to sell such products (hereafter “infringing SCAR 26 products”). Defendant Jag Precision is hereby ordered to (a) immediately ceases all sales of the 27 infringing SCAR products, (b) contact its customers and instruct them to stop their sales of the 28 infringing SCAR products and return all such products to Defendant, and (c) stop all advertising, 1 1 including all Internet advertising, that depict, promote, or otherwise mention the SCAR knockoff 2 products. 3 This temporary restraining THE COURT that Plaintiffs shall be heard upon IT IS THE ORDER OF order shall remain in effect until this matter maypost a bond of $10,000.00 in injunction. a motion for preliminary accordance with Federal Rule of Civil Procedure 65(c). 4 5 preliminary 6 18th 2/1/2012 DATED injunction this ____ day of January@2012. 9:00 a.m. 7 8 By_________________________________ 9 UNITED STATES DISTRICT COURT JUDGE 10 preliminary injunction: 11 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 12 5372073_1 January 27, 2012: 13 14 January 30, 2012. 15 16 17 18 IT IS SO ORDERED. JANUARY 18, 2012. ____________________ 19 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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