Emory Group LLC v. South By Sea LLC et al

Filing 96

ORDER granting 95 Consent MOTION for Preliminary Injunction. Motions terminated: 48 Second MOTION for Preliminary Injunction; 82 REPORT AND RECOMMENDATION re 48 Second MOTION for Preliminary Injunction filed by Emory Group LLC. Signed by Honorable Mary Geiger Lewis on 2/27/2017. (Attachments: # 1 Exhibit A - Copyrights)(abuc) Modified to edit text on 2/27/2017 (abuc).

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Civil Action No. 6:15-cv-01856-MGL Emory Group, LLC, Plaintiff, vs. CONSENT PRELIMINARY INJUNCTION South By Sea, LLC, d/b/a Shirts for Greeks, and Brandon Metcalf, Defendants. This matter is before the Court on Plaintiff’s Refiled Motion for Preliminary Injunction (Docket # 48). It has been represented to the Court by counsel for the parties that they have resolved the motion under terms that include the entry by the Court of a preliminary injunction. The Court further finds that it has jurisdiction over the subject matter of this action and personal jurisdiction over the parties. Therefore, it is ORDERED that South By Sea, LLC and Brandon Metcalf, and their respective officers, agents, employees, attorneys, and any entity controlled by or in which they have an interest in, and all persons who are in active concert or participation with such persons, who receive actual notice hereof, are hereby preliminarily restrained, enjoined, and prohibited, until further Order of this Court or termination of this action, whichever occurs first, from infringing the copyrights identified in Exhibit A, including by reproduction of any of the works, copying of any of the works, display of any of the works, preparation of a derivative work based on any of the works, and distribution of copies of any of the works. IT IS SO ORDERED. 1 s/Mary Geiger Lewis __________________________ Mary Geiger Lewis United States District Judge February 27, 2017 Columbia, South Carolina WE SO MOVE AND CONSENT: WE SO MOVE AND CONSENT: NEXSEN PRUET, LLC NELSON MULLINS SCARBOROUGH LLP s/ Timothy D. St.Clair Timothy D. St.Clair (Fed. ID # 4270) P. O. Drawer 10648 Greenville, SC 29603 Telephone: (864) 282-1181 E-Mail: tstclair@nexsenpruet.com s/ Neil C. Jones Neil C. Jones (Fed. ID # 5470) P. O. Box 10084 Greenville, SC 29603 Telephone: (864) 250-2260 E-Mail: neil.jones@nelsonmullins.com February 24, 2017 February 24, 2017 ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANTS 2 RILEY &

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