BidZirk LLC et al v. Smith

Filing 6

MOTION for Preliminary Injunction by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/3/2006 (Attachments: # 1 Memo in Support # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24# 26 Exhibit 25# 27 Exhibit 26# 28 Exhibit 27# 29 Exhibit 28# 30 Exhibit 29# 31 Exhibit 30# 32 Exhibit 31# 33 Exhibit 32# 34 Exhibit 33# 35 Exhibit 34# 36 Exhibit 35# 37 Exhibit 36# 38 Exhibit 37# 39 Exhibit 38# 40 Exhibit 39# 41 Exhibit 40# 42 Exhibit 41)No proposed order(Elwell, Kevin) Modified on 2/14/2006 to edit repeated words (awil).

BidZirk LLC et al v. Smith

Doc. 6

6:06-cv-00109-HMH

Date Filed 02/13/2006

Entry Number 6

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION BIDZIRK, LLC, DANIEL G. SCHMIDT, III, and JILL PATTERSON, Plaintiffs, v. PHILIP RUSS SMITH, Defendant. ____________________________________ ) ) ) ) ) ) Civil Action No. 6:06-CV-00109-HMH ) ) ) MOTION FOR PRELIMINARY INJUNCTION )

COMES NOW BidZirk, LLC ("BidZirk"), Daniel G. Schmidt, III ("Schmidt") and Jill Patterson ("Patterson"), Plaintiffs in the above-captioned action, and file this their motion for preliminary injunction pursuant to 15 U.S.C. § 1116(a) and Fed. R. Civ. P. 65, and show the Court as follows: 1. Defendant operates an internet web site under the URL www.jackwhispers.blogspot.com. 2. In December 2005, Defendant published a series of postings to the jackwhispers web site that defamed Plaintiffs and made unauthorized use of the registered trademark of BidZirk. 3. Despite repeated demands, Defendant has refused to remove the offending internet postings, which continue to be available to the public for viewing.

Dockets.Justia.com

6:06-cv-00109-HMH

Date Filed 02/13/2006

Entry Number 6

Page 2 of 3

4. The postings at www.jackwhispers.blogspot.com constitute infringement of BidZirk's trademark, and are subject to injunction pursuant to 15 U.S.C. § 1116(a) and 15 U.S.C. § 1125(c). 5. Plaintiffs have filed contemporaneously herewith their memorandum of law in support of the instant motion. 6. Plaintiffs pray that the Court (1) schedule a hearing with all due haste, given the ongoing, immediate and irreparable harm visited upon BidZirk; (2) issue a preliminary injunction pending the trial of this action; and (3) award to BidZirk its damages as proved, as well as its attorneys' fees, pursuant to 15 U.S.C. § 1117(a) and 15 U.S.C. § 1125(c). This 13th day of February, 2006. /s/ Kevin M. Elwell _________________________ KEVIN M. ELWELL USDC Bar No. 9706 K.M. ELWELL, P.C. 111 East North Street Greenville, South Carolina 29601 [phone] [phone] e-facsimile [e-mail] Attorneys for Plaintiffs BidZirk, LLC, Daniel G. Schmidt, III and Jill Patterson

2

6:06-cv-00109-HMH

Date Filed 02/13/2006

Entry Number 6

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION BIDZIRK, LLC, DANIEL G. SCHMIDT, III, and JILL PATTERSON, Plaintiffs, v. PHILIP RUSS SMITH, Defendant. ____________________________________ ) ) ) ) ) ) ) ) ) )

Civil Action No. 6:06-CV-00109-HMH CERTIFICATE OF SERVICE

This is to certify that I have this day served the foregoing MOTION FOR PRELIMINARY INJUNCTION by hand delivery to: Mr. Philip Russ Smith 601 Cleveland Street, Apartment 5-C Greenville, South Carolina 29601 This 13th day of February, 2006. /s/ Kevin M. Elwell _________________________ KEVIN M. ELWELL USCD Bar No. 9706 K.M. ELWELL, P.C. 111 East North Street Greenville, South Carolina 29601 [phone] [phone] e-facsimile [e-mail] Attorneys for Plaintiffs BidZirk, LLC, Daniel G. Schmidt, III, and Jill Patterson