Nevada Property 1 LLC v. newcosmopolitanlasvegas.com

Filing 9

TEMPORARY RESTRAINING ORDER Granting 4 Motion for Temporary Restraining Order. 5 Motion for Preliminary Injunction Deadlines: Responses due by 5/29/2012. Replies due by 5/31/2012. Motion Hearing set for 6/1/2012 11:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 5/23/12. (Copies have been distributed pursuant to the NEF - ASB)

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Michael J. McCue (Nevada Bar No. 6055)
[e-mail]
John L. Krieger (Nevada Bar No. 6023)
[e-mail]
Jonathan W. Fountain (Nevada Bar No. 10351)
[e-mail]
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169
[phone]
[phone] fax
Attorneys for Plaintiff
Nevada Property 1 LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NEVADA PROPERTY 1 LLC, a Delaware
limited liability company,
Plaintiff,

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v.
NEWCOSMOPOLITANLASVEGAS.COM,
an unknown person or entity,

Case No. 2:12-cv-00866
TEMPORARY RESTRAINING ORDER,
ORDER PERMITTING ALTERNATIVE
SERVICE AND ORDER SETTING
HEARING ON PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION

Defendant.

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UPON CONSIDERATION of Plaintiff’s Emergency Motion For Ex Parte Temporary

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Restraining Order Without Notice, Motion For A Preliminary Injunction, And Motion For Leave

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To Serve Defendant By Email, the supporting memorandum of points and authorities, the

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supporting declaration of Anthony Pearl and the exhibits attached thereto, the record in this case,

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and for other good cause shown;

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THE COURT HEREBY FINDS THAT:

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1.

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goodwill

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<newcosmopolitanlasvegas.com> domain name to other domain name registrars or registrants and

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from using the domain name;

Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

Plaintiff will suffer irreparable injury to its valuable trademarks and associated
if

Defendant

is

not

enjoined

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and

restrained

from

transferring

the

2892947.1

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2.

Plaintiff is likely to succeed on the merits of its claim for cybersquatting;

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3.

The balance of hardships tips in Plaintiff’s favor because a temporary restraining

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order would merely prohibit Defendant from using the <newcosmopolitanlasvegas.com> domain

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name temporarily but the failure to issue a temporary restraining order would cause Plaintiff to

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suffer additional irreparable injury and incur additional expense if the domain name is transferred

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to other registrants or registrars located beyond the Court’s jurisdiction, requiring Plaintiff to file

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additional lawsuits in other jurisdictions; and
4.

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The issuance of a temporary restraining order is in the public interest because it

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would protect consumers against deception and confusion in the marketplace arising from the

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Defendant’s use of the <newcosmopolitanlasvegas.com> domain name by persons other than

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Plaintiff;

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THEREFORE, IT IS HEREBY ORDERED THAT:

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A.

Jiangsu Bangning Science & Technology Co. Ltd. (the domain name registrar)

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and/or VeriSign, Inc. (the .com domain name registry) shall immediately remove or disable the

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current

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<newcosmopolitanlasvegas.com> domain name, place the domain name on hold and lock, and

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deposit it into the registry of the Court; and

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domain

B.

name

server

information

to

the

registration

for

the

Defendant, and all of his, her, or its respective partners, officers, agents, servants,

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employees, and all other persons acting in concert or participation with Defendant, are hereby

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temporarily restrained and enjoined from registering or trafficking in any domain name containing

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the COSMOPOLITAN Marks or any confusingly similar variations thereof, alone or in

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combination with any other letters, words, phrases or designs; and

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IT IS HEREBY FURTHER ORDERED THAT:

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A.

Plaintiff shall post a bond of $100, based on the evidence establishing that

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Defendant will only suffer minimal damage, if any, by the issuance of this temporary restraining

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order. This requirement may be satisfied by tendering $100 cash to the Clerk of the Court

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pursuant to Local Rule 67-1.

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

B.

Plaintiff shall serve the Summons, Complaint, this Order, Plaintiff’s Emergency
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2892947.1

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Motion For Ex Parte Temporary Restraining Order Without Notice, For A Preliminary Injunction,

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And For Leave To Serve Defendant By Email, the Declaration of Anthony Pearl, and all other or

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further papers and pleadings in this case upon Defendant by e-mail transmission to the following

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email

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[e-mail]. Such service shall be fully effective and shall be

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deemed in full compliance with the requirements of Rule 4 of the Federal Rules of Civil

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Procedure.

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addresses:

C.

(1)

[e-mail];

and

(2)

The parties shall appear for hearing and oral argument on Plaintiff’s motion for a

June 1
11:00 a.m.
6A
preliminary injunction on ____________ __, 2012, at _____ __.m. in Courtroom ___, at the
Lloyd D. George Federal Courthouse, 333 South Las Vegas Boulevard, Las Vegas, Nevada;
D.

Defendant shall file and serve its opposition to Plaintiff’s motion for preliminary

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May 29
injunction, if any, no later than ______________, 2012; and Plaintiff shall file and serve its reply

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May 31, 2012, at 12:00 p.m.
brief no later than ____________, 2012.

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ENTERED: May______ day at 3:00 p.m. at _____ __.m.
this 23, 2012, of May, 2012

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_________________________________
UNITED STATES DISTRICT JUDGE

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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2892947.1