Free Ex Parte Application - District Court of California - California

Case 3:08-cv-02533-PJH

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Filed 06/24/2008

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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 TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on ________, 2008, at _______ a.m., or as soon thereafter as these matters can be heard, in the United States District Court, Northern District of California, 450 Golden Gate Avenue, Courtroom 3, San Francisco, California 94102, Plaintiffs PH(X) GLASS, LLC and CHRISTOPHER CARSTENS will bring on for hearing an Ex Parte Motion and Motion for Temporary Restraining Order against Defendants ROLAND CLARKE, PIC GLASSWARE, INC, and JAMN EXACT, INC. (collectively "Defendants"). This Motion is made pursuant to Rule 65 of the Federal Rules of Civil Procedure and Northern District Local Rules 65-1 and 7-10.
Case No. C 08-02533 PJH -1NOTICE EX PARTE MOTION AND MOTION FOR TEMPORARY RESTRAINING ORDER

PH(X) GLASS, LLC and CHRISTOPHER CARSTENS,

Case No. C 08-02533 PJH NOTICE OF EX PARTE MOTION AND MOTION FOR TEMPORARY RESTRAINING ORDER 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,

Case 3:08-cv-02533-PJH

Document 13

Filed 06/24/2008

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S HARTSIS F RIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 94111

Plaintiffs bring this Motion to enjoin Defendants, their officers, agents and employees, and all others in active concert or participation with them, and each of them, from: (a) falsely representing himself, herself, or itself to be Christopher Carstens or 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"; and (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. Defendants' actions have caused and will

continue to cause Plaintiffs irreparable harm in the absence of immediate injunctive relief. This motion is based upon this Notice, the Memorandum of Points and Authorities, the Declaration of Christopher Carstens, the Declaration of James P. Martin, the Declaration of Heather Gillette, the other pleadings filed herewith, and upon such other oral or documentary evidence as may be presented at the hearing of this Motion. Plaintiffs have respectfully requested the Court to set this matter for hearing at the earliest date convenient to the Court's schedule. No previous application for similar relief has been filed by Plaintiffs. Plaintiffs' efforts to provide Defendants with advance notice of this ex parte Motion pursuant to Northern District Local Rule 65-1 are set forth in detail in the accompanying Declaration of James P. Martin.

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DATED:

June 24, 2008

SHARTSIS FRIESE LLP

By:/s/ Joseph V. Mauch JOSEPH V. MAUCH Attorneys for Plaintiffs PH(X) GLASS, LLC AND CHRISTOPHER CARSTENS
7583\004\JMAUCH\1516769.2

Case No. C 08-02533 PJH

-2NOTICE EX PARTE MOTION AND MOTION FOR TEMPORARY RESTRAINING ORDER