Free Proposed Order - District Court of California - California

Case 3:08-cv-02533-PJH

Document 18

Filed 06/24/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10
S HARTSIS F RIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 94111

SHARTSIS FRIESE LLP JAMES P. MARTIN (Bar #170044) JOSEPH V. MAUCH (Bar #253693) One Maritime Plaza, Eighteenth Floor San Francisco, CA 94111 Telephone: (415) 421-6500 Facsimile: (415) 421-2922 Email: [email protected], [email protected] Attorneys for Plaintiffs PH(X) GLASS, LLC and CHRISTOPHER CARSTENS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

11 12 13 Plaintiffs, 14 v. 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28
Case No. C 08-02533 PJH -1[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

PH(X) GLASS, LLC and CHRISTOPHER CARSTENS,

Case No. C 08-02533 PJH [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Date: Time: Judge: Hon. Phyllis J. Hamilton Location: Courtroom 3, 17th Floor Trial Date: Net Yet Set Amended Complaint Filed: June 12, 2008

ROLAND CLARKE, PIC GLASSWARE, INC., JAMN EXACT, INC, and DOES 1 through 10, inclusive,

Plaintiffs PH(X) GLASS, LLC and CHRISTOPHER CARSTENS having filed an Amended Complaint ("Complaint") for breach of contract, patent infringement, trademark infringement, false advertising, unfair competition, unfair business practices, constructive trust, and declaratory relief, and having further brought a Motion for Preliminary Injunction on its trademark infringement and unfair competition claims, and such Preliminary Injunction Motion having been supported by the Complaint, a Memorandum of Points and Authorities, the Declaration of Christopher Carstens, the Declaration of James P. Martin, and the Declaration of Heather Gillette; this Court, having reviewed and considered the pleadings, the supporting

Case 3:08-cv-02533-PJH

Document 18

Filed 06/24/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10
S HARTSIS F RIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 94111

declarations, the other evidence submitted and the arguments of counsel, in accordance with Rule of Civil Procedure 65(b), hereby Adjudges and Orders: 1. Plaintiffs have demonstrated the following: (1) a sufficient likelihood of success

on the merits of its trademark infringement and unfair competition claims; (2) irreparable harm if they are not granted a temporary restraining order pending hearing on its motion for preliminary injunction; (3) the balance of hardships tips in Plaintiffs' favor; and (4) no public interest factors militate against the interim relief sough in Plaintiffs' application. Plaintiffs are likely to succeed on the merits in proving trademark infringement and unfair competition against Defendants Roland Clark, PIC Glassware, Inc., and Jamn Exact, Inc. (collectively "Defendants") based on the likelihood of confusion resulting from Defendants' unauthorized use of Plaintiffs' common law trademarks. IT IS THEREFORE OFFERED that Plaintiffs' Motion for Preliminary Injunction is GRANTED. IT IS FURTHER ORDERED that Defendants Jamn Exact, Inc., PIC Glassware, Inc., and Roland Clarke (collectively "Defendants"), their officers, agents and employees, and all others in active concert or participation with them, and each of them, are hereby preliminarily enjoined and restrained from: a. falsely representing himself, herself, or itself to be Christopher Carstens or

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

a representative of PH(X) Glass, LLC; b. manufacturing, selling, offering for sale, marketing, or distributing any

glass water pipes or other products with the marks "PH(X)" or "PH(X) GLASS," or any logos incorporating the letters "PHX". c. engaging in any other acts or conduct that is likely to cause confusion, or to

cause mistake, or to deceive as to the affiliation, connection, or association of Defendants with Plaintiffs, or as to the origin, sponsorship, or approval of Defendants' goods, services, or commercial activities by Plaintiffs.

Case No. C 08-02533 PJH

-2[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Case 3:08-cv-02533-PJH

Document 18

Filed 06/24/2008

Page 3 of 3

1 2 3 4

2.

The bond posted by Plaintiffs shall remain at $5,000.

IT IS SO ORDERED. DATED: ____________, 2008 Hon. Phyllis J. Hamilton UNITED STATES DISTRICT JUDGE
7583\004\JMAUCH\1516880.2

5 6 7 8 9 10
S HARTSIS F RIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 94111

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. C 08-02533 PJH -3[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION