MGM Resorts International v. Registrant of

Filing 11

ORDER. IT IS HEREBY ORDERED THAT 9 Plaintiff's Ex Parte Motion for Alternative Service and Temporary Restraining Order is GRANTED. Plaintiff shall deposit $100 with the Clerk of the Court as security for this temporary restraining order. IT IS HEREBY FURTHER ORDERED THAT, a preliminary injunction hearing is set for 4/21/2017 at 10:00 AM in Courtroom 6A. See Order for further details/deadlines. Signed by Judge James C. Mahan on 4/7/17. (Copies have been distributed pursuant to the NEF - cc: Finance - MR)

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1 2 3 4 5 Michael J. McCue Nevada Bar No. 6055 Jonathan W. Fountain Nevada Bar No. 10351 Lewis Roca Rothgerber Christie LLP 3993 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 Telephone: (702) 949-8224 E-mail: E-mail: 6 7 Attorneys for Plaintiff MGM Resorts International 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 MGM RESORTS INTERNATIONAL, Case No. 2:17-cv-00695-JCM-GWF 10 Plaintiff, ORDER GRANTING PLAINTIFF’S EX PARTE MOTION FOR ALTERNATIVE SERVICE AND TEMPORARY RESTRAINING ORDER 11 v. 12 REGISTRANT OF LIVEMGM.COM, 13 Defendant. 14 15 Plaintiff MGM Resorts International (“Plaintiff” or “MGM Resorts”) has moved the 16 Court, ex parte, for entry of an order for alternative service, for a temporary restraining order, 17 and for a preliminary injunction based upon Defendant’s use of Plaintiff’s federally registered 18 trademarks (U.S. Trademark Reg. Nos. 1,060,489, 2,534,227, and 1,043,787) (the “MGM 19 Marks”) in the <> domain name and on the <> website. 20 The Court, having duly considered Plaintiff’s Complaint, Ex Parte Motion for 21 Alternative Service, Temporary Restraining Order, and Preliminary Injunction, and the 22 declarations and exhibits submitted therewith, makes the following findings and conclusions: 23 1. Plaintiff is likely to succeed on the merits of its claim for cybersquatting in 24 violation of 15 U.S.C. § 1125(d). Plaintiff is likely to succeed in showing that Defendant 25 registered <> with a bad faith intent to profit from Plaintiff’s MGM Marks; that 26 Plaintiff’s MGM Marks were distinctive when Defendant registered <>; and that 27 Defendant’s domain name, <> is confusingly similar to Plaintiff’s federally 28 registered, incontestable, MGM Marks. Plaintiff is also likely to succeed on the merits of its -1- 1 claim for trademark infringement in violation of 15 U.S.C. § 1114(a). Plaintiff is likely to (1). 2 succeed in showing that Plaintiff owns valid federal trademark registrations for its MGM Marks 3 and that Defendant’s use of confusingly similar marks on the <> website is likely 4 to cause consumer confusion. 5 2. Plaintiff has suffered irreparable injury to its reputation and goodwill as 6 Defendant’s conduct has already caused one consumer to falsely associate Defendant’s online 7 casino services with Plaintiff. Absent temporary injunctive relief, Plaintiff is likely to continue 8 to suffer irreparable injury and harm as a result of Defendant’s impersonation of Plaintiff through 9 Defendant’s <> domain name and website. 10 3. The harm to Plaintiff in denying the requested temporary restraining order 11 outweighs the harm to the legitimate interests of Defendant from granting such relief. 12 4. The public interest weighs in favor of granting Plaintiff the requested temporary 13 restraining order. 14 NOW THEREFORE, IT IS HEREBY ORDERED THAT Plaintiff’s Ex Parte Motion 15 for Alternative Service and Temporary Restraining Order is GRANTED. 16 IT IS HEREBY FURTHER ORDERED THAT: 17 1. On or before April 10 2017, Plaintiff shall serve the Summons, Complaint, ___, 18 Plaintiff’s motion for preliminary injunction, the supporting declarations thereto, and this Order 19 upon Defendant by email to:; 20 2. Plaintiff shall serve all other pleadings and papers that must be served on 21 Defendant by email to:; 22 3. Defendant and all other persons acting in concert or participation with Defendant 23 are temporarily enjoined and restrained from: (a) using the MGM Marks or any confusingly 24 similar variations thereof, alone or in combination with any other letters, words, letter string, 25 phrases or designs in commerce, including, without limitation, on any website, in any domain 26 name (including, without limitation, in <>), in any social network user name, in 27 any hidden website text, or in any website metatag; and (b) engaging in false or misleading 28 advertising or commercial activities likely to deceive consumers into believing that any -2- 1 Defendant is Plaintiff or that any of Defendant’s services are associated or affiliated with, 2 connected to, approved by, or sponsored by Plaintiff; 3 4., LLC shall immediately remove or disable the domain name server 4 information for <> and place <> on hold and lock pending further 5 order of the Court; and 6 5 Plaintiff shall deposit $100 with the Clerk of the Court as security for this 7 temporary restraining order. 8 IT IS HEREBY FURTHER ORDERED THAT, a preliminary injunction hearing is set 9 for April 21, 2017, at 10:00 a.m. in courtroom 6A. __________________ on ____________________, March ___, 2017 at ________ in 10 Courtroom ____. Defendant shall file and serve any opposition to Plaintiff’s motion for April 14, 2017. 11 preliminary injunction on or before: ___________________. Plaintiff shall file and serve any April 19, 2017 12 reply in support of its motion for preliminary injunction on or before: ___________________. 13 April 7, 2017, at 11:40 a.m. SIGNED AND ENTERED this _____ day of April, 2017 at ________. 14 15 16 _________________________________ UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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