Bunge Limited et al v. Bungechicago.com

Filing 36

ORDER granting pltf's 32 Second Motion for Leave to proceed in rem and to take discovery by Judge Robert S. Lasnik.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BUNGE LIMITED, et al.,
Case No. C13-0621RSL

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Plaintiffs,
v.
BUNGECHICAGO.COM,

ORDER GRANTING PLAINTIFF’S
SECOND MOTION FOR LEAVE
TO PROCEED IN REM AND TO
TAKE DISCOVERY

Defendant.

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This matter comes before the Court on plaintiffs’ “Second Motion for

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Leave to Proceed In Rem and for Leave to Take Discovery” in the above-captioned

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matter. Dkt. # 32. The Court finds that plaintiffs have attempted, through all ordinary

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and customary means, to contact the owner of the defendant domain names. Some of the

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attempted communications were unsuccessful because of false addresses used by the

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domain name registrant and on the allegedly infringing website. No response was

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received to the communications that were successful.

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Plaintiffs’ motion is hereby GRANTED. Plaintiffs may proceed on an in

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rem basis pursuant to 15 U.S.C. § 1125(d)(2)(A)(ii) and need not publicize notice

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pursuant to 15 U.S.C. § 1125(d)(2)(A)(ii)(II)(bb). Plaintiffs may take third-party

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discovery related to the new domain names (BUNGECHICAGOINC.COM, BUNGE-

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ORDER GRANTING PLAINTIFF’S SECOND
MOTION TO PROCEED IN REM AND TO
TAKE DISCOVERY - 1

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CHICAGO.COM, BUNGE-CHICAGOINC.COM, and BUNGE-

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CHICAGOINCORPORATED.COM), “Jefferson Lautner,” and the email account

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[e-mail].

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Dated this 23rd day of January, 2014.

A
Robert S. Lasnik

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United States District Judge

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ORDER GRANTING PLAINTIFF’S SECOND
MOTION TO PROCEED IN REM AND TO
TAKE DISCOVERY - 2