Cybergun S.A. et al v. JAG Precision

Filing 64

PRELIMINARY INJUNCTION Regarding Defendants Replicas of Plaintiffs' M249 and P90 Guns. Signed by Judge Kent J. Dawson on 10/29/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CYBERGUN, S.A., a French Corporation, and
3 FN HERSTAL, S.A., a Belgian Corporation,
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Case No. 2:12-cv-00074-KJD-GWF

Plaintiffs,
[PROPOSED] PRELIMINARY
INJUNCTION REGARDING
DEFENDANT’S REPLICAS OF
PLAINTIFFS’
M249 AND P90 GUNS

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6 JAG PRECISION, INC, a California
Corporation,
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Defendant.
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HOLLAND & HART LLP

The Court has considered the merits of the Motion for Preliminary Injunction Regarding

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9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

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Defendant’s Replicas of Plaintiffs’ M249 and P90 Guns (“the Motion”) filed by Plaintiffs

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Cybergun, S.A. and FN Herstal, S.A. In an Order dated October 11, 2012, the Court set forth its

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detailed reasoning regarding the merits of the Motion and granted the Motion. See Dkt. 62 (the

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“Order”). For the reasons stated in the Order, the Court hereby enters the following Preliminary

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Injunction against Defendant Jag Precision, Inc. (“Defendant Jag Precision”):

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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 enjoined from making, using, selling, and offering to sell the knockoff

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products, including the ECHO1 USA M249 MKII; ECHO1 USA M249 PARA; ECHO1 USA

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E90, or any other product that is the substantial equivalent to the knockoff products in overall

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design and appearance, regardless of whatever “version” or name Defendants may use to sell such

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products (hereafter the “knockoff products”), and are further enjoined from any use in the

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commerce of the trademarks M249, M249 PARA, and E90, or confusingly similar variants thereto,

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in connection with air soft guns or any other firearm or firearm-derived product. Defendant Jag

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Precision is hereby ordered to (1) immediately cease all sales of the above-listed knockoff

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products, (2) contact its customers and instruct them to stop their sales and return all knockoff

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products to Defendant, and (3) stop all advertising, including all Internet advertising, that depicts,

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promotes, or otherwise mentions the above-listed knockoff products or the above-listed

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trademarks.
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This Preliminary Injunction shall remain in effect during the pendency of this case until
otherwise ordered by this Court.

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The $10,000.00 cash bond Plaintiffs posted in connection with the Court’s previous

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temporary restraining order (Dkt. 11) and preliminary injunction (Dkt. 26) shall be adequate

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security for this preliminary injunction.

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October
DATED this _____ day of ________________, 2012.
29th

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By_________________________________
UNITED STATES DISTRICT COURT JUDGE

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HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

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