Cybergun S.A. et al v. JAG Precision

Filing 26

PRELIMINARY INJUNCTION. Signed by Judge Kent J. Dawson on 2/1/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CYBERGUN, S.A., et al.,

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Plaintiffs,

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v.

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Case No. 2:12-CV-00074-KJD-GWF

JAG PRECISION, et al.,

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ORDER

Defendants.

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The Court has considered the merits of the Motion for Temporary Restraining

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Order/Preliminary Injunction filed by Plaintiffs Cybergun, S.A. (“Cybergun”) and FN Herstal, S.A.

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(“FNH”) and finds that Plaintiffs have demonstrated a reasonable likelihood of success with respect

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to their claims of trade dress and copyright infringement against Defendant Jag Precision (“Jag”),

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whose accused air soft rifles are nearly identical to the proprietary SCAR design owned by Plaintiffs.

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The Court also finds that Plaintiffs risk serious irreparable harm if Jag is not preliminarily enjoined

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from selling and marketing the accused rifles and that the injunction will not disserve the public

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interest. Plaintiffs have met their burden for preliminary injunctive relief under both the traditional

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and alternative tests of the Ninth Circuit. Accordingly, the Court hereby GRANTS Plaintiffs’

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Motion and enters the following Preliminary Injunction against Jag:

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Defendant Jag Precision, including all officers, directors, principals, agents, servants,

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employees, successors and assigns, and all others aiding, abetting, or acting in concert or active

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participation therewith, are hereby enjoined from making, using, selling, and offering to sell the

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knockoff products, including the Vega Force MK16 products, the Vega Force MK17 products, the

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Echo 1 ASC products, and the Echo 1 ASC-H products, or any other product that is the substantial

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equivalent to the knockoff products in overall design and appearance, regardless of whatever

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“version” or name Defendants may use to sell such products (hereafter “infringing SCAR products”).

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Defendant Jag Precision is hereby ordered to (a) immediately cease all sales of the infringing SCAR

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products, (b) contact its customers and instruct them to stop their sales of the infringing SCAR

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products and return all such products to Defendant, and (c) stop all advertising, including all Internet

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advertising, that depict, promote, or otherwise mention the SCAR knockoff products.

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This preliminary injunction shall remain in effect until this matter proceeds to trial, and the
Court has the opportunity to rule on the issuance of a permanent injunction.
The $10,000.00 cash bond Plaintiffs posted in connection with the temporary restraining
order shall be adequate security for the preliminary injunction.
DATED this 1st day of February 2012.

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_____________________________
Kent J. Dawson
United States District Judge

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