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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?