Zuffa, LLC v. DOES 1-100 et al

Filing 7

ORDER granting 2 Motion for TRO. See Order for details. Responses due by 7/5/2012,, Replies due by 7/6/2012, and Motion Hearing set for 7/9/2012 at 09:00 AM in LV Courtroom 6D before Judge Kent J. Dawson re 3 MOTION for Preliminary Injunction filed by Zuffa, LLC. Signed by Judge Kent J. Dawson on 6/28/12. (Copies have been distributed pursuant to the NEF - ECS)

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JOHN L. KRIEGER (Nevada Bar No. 6023)_
[e-mail]
NIKKYA G. WILLIAMS (Nevada Bar No. 11484)
[e-mail]
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
[phone]
[phone]
Attorneys for Plaintiff
Zuffa, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ZUFFA, LLC, a Nevada limited liability
company,

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vs.

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DOES 1-100, ROE BUSINESS ENTITIES 1100,
Defendants.

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Case No. 2:12-cv-1120-KJD-CWH
[PROPOSED] TEMPORARY
RESTRAINING ORDER, SEIZURE
ORDER AND ORDER SETTING
PRELIMINARY INJUNCTION
HEARING

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UPON CONSIDERATION of the motion filed by Plaintiff Zuffa, LLC ("Plaintiff') for a

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temporary restraining order and seizure order to prevent Defendants from continuing to

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manufacture, distribute and sell goods that infringe on Plaintiff s UFC® Marks (deferred in

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Complaint as UFC®, UFC (stylized)®, ULTIMATE FIGHTING CHAMPIONSHIP® and

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OCTAGON GIRLS®), the supporting memorandum of points and authorities, the supporting

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declaration and evidence, the record in this case, and for other good cause shown;

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THE COURT HEREBY FINDS THAT:

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1.

Plaintiff will suffer irreparable injury to its valuable trademarks and associated

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goodwill if Defendants are not enjoined and restrained from continuing to sell and distribute

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goods that infringe on Plaintiff s UFC® Marks;

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2.

Plaintiff is likely to succeed on the merits of its claims for trademark infringement

and unfair competition;

3993 Howard Hughes Parkway
Sude 600
las Vegas, Nevada 89169

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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 proifting from the sale of infringing goods, but the

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failure to issue a temporary restraining order and seizure order would cause Plaintiff to suffer

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additional irreparable injury and incur additional expense if Defendants relocated beyond the

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Court's jurisdiction and continued to sell their infringing goods, requiring Plaintiff to file

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additional lawsuits in other jurisdictions; and

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4.

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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Defendants' use of the UFC® Marks by persons other than Plaintiff;

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THEREFORE, IT IS HEREBY ORDERED THAT, pending a hearing on Plaintiff s

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Motion for Preliminary Injunction, Defendants, their agents, servants, employees, attorneys,

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successors and assigns and all persons, firms and corporations acting in concert with them, and

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each of them, are hereby temporarily restrained from manufacturing, distributing and selling any

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goods, including, but not limited to, clothing, hats, posters, and other merchandise, bearing the

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UFC® Marks;

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IT IS

FURTHER ORDERED THAT pursuant to 15 U.S.C. 1116(d), the United States

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Marshal, for this District or any district in which Plaintiff enforces this order, the state police,

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local police or local deputy sheriffs, off-duty officers of the same, and any person acting under

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their supervision, are hereby authorized to seize and impound any and all infringing merchandise

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bearing the UFC® Marks which Defendants attempt to sell or are holding for sale, including any

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from any carton, container, vehicle, or other means of carriage in which the infringing

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merchandise is found, from six (6) hours before to six (6) hours after any UFC® event, within a

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ten (10) mile vicinity of the halls, stadiums or arenas at which said UFC® live event shall be

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held, including, but not limited to, any event associated with Intenrational Fight Week in Las

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Vegas, Nevada, from July 3, 2012 through July 7, 2012, and at UFC® 148 on July 7, 2012 at the

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MGM Garden Arena in Las Vegas, Nevada;

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AND IT IS FURTHER ORDERED THAT the United States Marshals Service, the

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state police, local police or local deputy sheriffs, off-duty officers of the same, and any person

Lewls and Roca LLP
3993 Howard Hughes Parkway
Sulte 600
las Vegas, Nevada 89169

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acting under their supervision, may use all reasonable force in conducting the seizure and may

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open doors, locks, boxes, brief cases, and containers of any type or nature to locate and identify

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Materials to be seized. Attorneys and other representatives of Plaintiff shall accompany the

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United States Marshals Service during the seizure to identify the Materials to be seized.

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Plaintiff's counsel shall itemize and take possession of the seized Materials, provide a copy of

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the inventory to the United States Marshals Service, and file the inventory with the Coutr.

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Plaintiff agrees to indemnify the United States Marshals Service and hold it harmless from any

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suit, claim, cause of action, damage, loss, or injury arising from the execution of the seizure

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described in this Order;

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AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon

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Plaintiff s filing with the Clerk of this Court an undertaking in the form of a bond, certiifed

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check, bank check, credit card or cash in the amount of $ 2,000.00 later than July 2
no

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2012, to secure the payment of such costs and damages not to exceed such sum as may be

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suffered or sustained by any party who is found to be wrongfully restrained hereby;

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AND IT IS FURTHER ORDERED that this order is conditioned upon Plaintiff s

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advancing to the law enforcement officers identified herein such sum as is required by the same

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to cover the fees for their said services, in the event Plaintiff seeks their services in this or any

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other district;

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AND IT IS FURTHER ORDERED that service of a copy of this order together with

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the complaint, be made upon the Defendants by the United States Marshal, state or local police,

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local deputy sheriffs, or by any person over the age of eighteen (18) years not a party to this

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action selected for that purpose by Plaintiff, at the time of the seizure provided herein is effected

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and that such service shall be deemed good and sufficient;

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AND IT IS FURTHER ORDERED that the process server shall offer a receipt to each

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person from whom infringing merchandise is seized and that Plaintiff shall be deemed substitute

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custodian for all infringing merchandise seized;

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AND IT IS FURTHER ORDERED that each and every Defendant served with a copy

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of this order promptly, courteously and peaceably identify himself or herself to the

Lewls and Roca LLP
3993 Howard Hughes Parkway
Sulte 600
las Vegas, Nevada 89169

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aforementioned process server and that the process server or agents for Plaintiff be allowed to

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photograph, video tape or otherwise identify the individual Defendant;

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AND IT IS FURTHER ORDERED that any Defendant who is hereafter served with a

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copy of this order who objects to the provisions hereof may submit his or her objections to this

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Court or otherwise move for relief from this Court according to the Federal Rules of Civil

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Procedure, but no such objection shall serve to suspend this Order or stay the terms herein unless

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otherwise ordered by this Court.
ORDER SETTING HEARING FOR PRELIMINARY INJUNCTION

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UPON CONSIDERATION of the motion filed by Plaintiff for a preliminary injunction

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enjoining Defendants from manufacturing, distributing and/or selling goods that infringe

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Plaintiff's UFC® Marks, the supporting points and memorandum of authorities, the supporting

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declarations and evidence, record in this case, and for good cause shown;

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THE COURT HEREBY sets the hearing for Plaintiff s motion for a preliminary
, 2012, at 9:00a .m. to be held in Courtroom 6Dat the Lloyd D.

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injunction on July 9

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George Federal Courthouse, 333 South Las Vegas Boulevard, Las Vegas, Nevada.

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Further, the Court sets forth the following briefmg schedule relating to Plaintiff s motion:

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1.

July 5,

Defendant shall file and serve opposition papers, if any, no later than
2012; and
Plaintiff shall file and serve its reply brief no later than July 6

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2.

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, 2012.

DATED: June 28 , 2012.

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UNITED STATES DISTRICT JUDGE
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Lewls and Roca LLP
3993 Howard Hughes Parkway
Sulte 600
las Vegas, Nevada 89169

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2948318.1