Nike, Inc. et al v. QiLoo International Limited

Filing 4

Emergency MOTION for Temporary Restraining Order by Plaintiffs Converse, Inc., Nike, Inc.. Motion ripe 2/6/2012. (Attachments: # 1 Declaration Kelly Hibler, # 2 Declaration Wayne Patrick Seehafer, # 3 Declaration Thomas Scavuzzo, # 4 Declaration Erik S. Maurer, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF, # 37 Exhibit GG, # 38 Exhibit HH, # 39 Exhibit II, # 40 Exhibit JJ, # 41 Exhibit KK, # 42 Exhibit LL, # 43 Exhibit MM, # 44 Exhibit NN, # 45 Exhibit OO, # 46 Exhibit PP, # 47 Exhibit QQ, # 48 Memorandum Of Law, # 49 Proposed Order)(Fountain, Jonathan)

1 Michael J. McCue (Nevada Bar #6055)
[e-mail]

2 Jonathan W. Fountain (Nevada Bar #10351)
[e-mail]

3 Lewis and Roca LLP
3993 Howard Hughes Parkway, Suite 600

4 Las Vegas, Nevada 89109
Telephone: [phone]

5 Facsimile: [phone]
6 Christopher J. Renk
Erik S. Maurer

7 Michael J. Harris
Azuka C. Dike

8 Banner & Witcoff, Ltd.
10 South Wacker Drive, Suite 3000

9 Chicago, Illinois 60606
Telephone: [phone]

10 Facsimile: [phone]
(Pro Hac Vice to be Submitted)

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12 Attorneys for Plaintiffs, NIKE, Inc. and Converse, Inc.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NIKE, INC.

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and

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CONVERSE, INC.,

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Plaintiffs,

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vs.

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QILOO INTERNATIONAL LIMITED

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PLAINTIFFS’ EMERGENCY
MOTION FOR ENTRY OF
TEMPORARY RESTRAINING
ORDER, SEIZURE ORDER, AND
PRELIMINARY IINJUNCTION

Defendant.

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Plaintiffs, NIKE, Inc. (“NIKE”) and Converse, Inc., (“Converse”) respectfully move this
Court, on an emergency and ex parte basis, for entry of a temporary restraining order, a seizure
order, and, upon expiration of the temporary restraining order, a preliminary injunction against

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Defendant, QiLoo International Limited (“QiLoo”) pursuant to Rule 65 of the Federal Rules of
Civil Procedure, Lanham Act Section 34 (15 U.S.C. § 1116), the Patent Act, 35 U.S.C. § 283,

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1 and Local Rule 7-5.
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Good cause exists for the foregoing orders. As set forth in the accompanying
Memorandum and supporting declarations, the Defendant has imported into the United States,

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and is promoting, distributing, offering for sale, and selling infringing shoes within this judicial
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district at the biannual World Shoe Association (“WSA”) trade show going on now in Las

7 Vegas. QiLoo’s activities constitute willful infringement and unfair competition in disregard of
8 Plaintiffs’ rights and despite Plaintiffs’ previous notification of their rights to Defendant.
9 QiLoo’s unlawful activities have caused and will continue to cause irreparable harm to Plaintiffs.
10 Good cause further exists for not providing notice to QiLoo because the WSA show began today
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and only lasts for two more days.

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Pursuant to 15 U.S.C 1116(d)(2), Plaintiffs’ provided notice to the United States
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Attorney’s Office for the District of Nevada concerning this emergency motion and request for

15 seizure order. This motion is based upon the accompanying Memorandum and the declarations
16 of Kelly B. Hibler, Wayne Patrick Seehafer, and Thomas Scavuzzo, exhibits thereto filed
17 concurrently herewith, a declaration and attorney certification pursuant to Rule 65(b) of Erik S.
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Maurer, a proposed order, and the complete files and records of this action, and such other
matters as Plaintiffs may call to the Court’s attention at or before the time of hearing.

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Upon entry of a temporary restraining order, Plaintiffs shall serve this emergency motion,

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supporting papers, and the Court’s Order upon the Defendant by hand, and via the email address

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WHEREFORE, Plaintiffs respectfully request this Court grant its motion and enter an

25 emergency, ex parte temporary restraining order, a seizure order, and schedule a hearing on
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Plaintiffs’ Motion for Preliminary Injunction before the expiration of the Temporary Restraining

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Order.
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2 Dated: February 6, 2012

Respectfully submitted,

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/s/ Jonathan W. Fountain
Michael J. McCue
[e-mail]
Jonathan W. Fountain (Nevada Bar #10351)
[e-mail]
Lewis and Roca, LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89109
Telephone: [phone]
Facsimile: [phone]

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Christopher J. Renk
Erik S. Maurer
Michael J. Harris
Azuka C. Dike
Banner & Witcoff, Ltd.
10 South Wacker Drive
Suite 3000
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: [phone]
(Pro Hav Vice to be Submitted)

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Attorneys for Plaintiffs,
NIKE, Inc. and Converse, Inc.

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