Las Vegas Sands Corp. v. Traffic Label Limited

Filing 7

TEMPORARY RESTRAINING ORDER. Motion Hearing re 3 Motion for Preliminary Injunction set for 7/2/2012 09:00 AM in LV Courtroom 6D before Judge Kent J. Dawson. Responses due by 6/26/2012. Replies due by 6/29/2012. Signed by Judge Kent J. Dawson on 6/20/12. (Copies have been distributed pursuant to the NEF - MMM)

1 Michael J. McCue (NV Bar No. 6055)
[e-mail]
2 Jonathan W. Fountain (NV Bar No. 10351)
[e-mail]
3 LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
4 Las Vegas, Nevada 89169
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Plaintiff
Las Vegas Sands Corp.
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UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
LAS VEGAS SANDS CORP., a Nevada
12 corporation,
13
14

Plaintiff,
v.

15 TRAFFIC LABEL LIMITED, a business
organization of the United Kingdom,
16
Defendant.
17
18

TEMPORARY RESTRAINING ORDER,
ORDER FOR ALTERNATIVE
SERVICE, AND ORDER SETTING
HEARING AND BRIEFING SCHEDULE
ON PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION

UPON CONSIDERATION of the motion filed by Plaintiff Las Vegas Sands Corp.

19 (“LVSC”) for an ex parte temporary restraining order, for alternative service, and for a
20 preliminary injunction, the supporting memorandum of points and authorities, the supporting
21 declarations of Gayle M. Hyman and Jonathan W. Fountain, the record in this case, and for other
22 good cause shown;
23

THE COURT HEREBY FINDS THAT:

24

1.

LVSC will suffer irreparable injury to its valuable trademarks and associated

25 goodwill if the Defendant is not temporarily enjoined and restrained from transferring the
26 <lasvegassandscorp.com> domain name to other domain name registrars located outside the
27 Court’s jurisdiction, or from transferring its registration for the <lasvegassandscorp.com>
28 domain name to other persons or entities located outside the Court’s jurisdiction;

2914088.1

1

2.

LVSC is likely to succeed on the merits of its claims for cybersquatting,

2 trademark infringement and false designation of origin;
3

3.

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

4 order would merely place the <lasvegassandscorp.com> domain name on hold and lock pending
5 trial, and the failure to issue a temporary restraining order would cause LVSC to suffer additional
6 irreparable injury and incur additional expense if the <lasvegassandscorp.com> domain name is
7 transferred to other registrants during the pendency of this action, requiring LVSC to file
8 additional lawsuit(s) in other jurisdictions;
9

4.

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

10 would protect consumers against deception and confusion arising from domain names containing
11 the Las Vegas Sands Corp. corporate name or LVSC’s trademarks, and from the use of the Las
12 Vegas Sands Corp. corporate name or LVSC’s trademarks, by persons other than LVSC; and
13

5.

Defendant will suffer minimal damage, if any damage at all, by the issuance of a

14 temporary restraining order; accordingly, a nominal bond in the amount of $100 is reasonable
15 security.
16

THEREFORE, IT IS HEREBY ORDERED THAT, pending a full trial on the merits:

17

1.

18 remove

GoDaddy.com, Inc. (“GoDaddy”) (the domain name registrar) shall immediately
or

disable

the

domain

name

server

(“DNS”)

information

for

the

19 <lasvegassandscorp.com> domain name, shall place the <lasvegassandscorp.com> domain name
20 on hold and lock, and deposit it into the registry of the Court; and
21

2.

Defendant, including without limitation, all of its respective partners, officers,

22 agents, servants, employees, and all other persons acting in concert or participation with
23 Defendant, are hereby temporarily restrained and enjoined from: (A) registering or trafficking in
24 any domain name containing the Las Vegas Sands Corp. corporate name or the SANDS Marks
25 or any confusingly similar variations thereof, alone or in combination with any other letters,
26 words, phrases or designs; and (B) using the Las Vegas Sands Corp. corporate name or the
27 SANDS Marks or any confusingly similar variations thereof, alone or in combination with any
28 other letters, words, letter strings, phrases or designs in commerce (including, but not limited to,
-22914088.1

1 on any website or within any hidden text or metatags within any website).
2

IT IS HEREBY FURTHER ORDERED THAT:

3

1.

Upon the issuance of this order, LVSC shall provide security for this temporary

4 restraining order by tendering $100 cash to the Clerk of the Court pursuant to Local Rule 67-1;
5

2.

LVSC may serve the Summons and Complaint by email to the email address

6 Defendant has maintained with GoDaddy (i.e., [e-mail]), and by registered
7 mail, in lieu of any other method of service required or permitted by Rules 4 and/or 5 of the
8 Federal Rules of Civil Procedure;
9

5.

LVSC may serve all other pleadings, orders, motions, notices, and papers in this

10 case upon Defendant by e-mail transmission to the email address Defendant has maintained with
11 GoDaddy (i.e., [e-mail]) in lieu of any other method of service required or
12 permitted by Rules 4 and/or 5 of the Federal Rules of Civil Procedure;
13

6.

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

July
2
9:00 a
6D
14 preliminary injunction on ____________ __, 2012, at _____ __.m. in Courtroom ___ , at the
15 Lloyd D. George Federal Courthouse, 333 South Las Vegas Boulevard, Las Vegas, Nevada;
16

7.

Defendant shall file and serve its opposition brief to LVSC’s motion for

June 26
17 preliminary injunction, if any, no later than ______________, 2012; and
18

8.

LVSC shall file and serve its reply brief in support of its motion for preliminary

June 29
19 injunction no later than ____________, 2012.
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20th
9:45 a
ENTERED: this ______ day of June, 2012 at _____ __.m.

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_________________________________
UNITED STATES DISTRICT JUDGE

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