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PLAYBOY ENTERPRISES v. CALVIN DESIGNER LABEL

August 28, 1997

PLAYBOY ENTERPRISES, INC., Plaintiff,
v.
CALVIN DESIGNER LABEL, CALVIN FULLER, and CALVIN MERIT, Defendants.


Charles A. Legge, United States District Judge


The opinion of the court was delivered by: LEGGE

This cause has been presented to the Court, upon the motion of Plaintiff Playboy Enterprises, Inc. ("PEI"), seeking a Temporary Restraining Order, and an Order To Show Cause why this Court should not preliminarily enjoin Defendants during the pendency of this action from infringing PEI's trademarks on Defendants' Internet World Wide-Web site.

 PEI's motion is supported by a Complaint; a Memorandum Of Points and Authorities; the Declaration of Michelle A. Kaiser, Staff Attorney of PEI; and the Declaration of Maryann Hayes, outside intellectual property counsel to PEI.

 This Court having given full consideration to all of PEI's papers and the relevant authorities, and in accordance with Federal Rule of Civil Procedure 65(b),

 IT IS HEREBY ORDERED AND ADJUDGED as follows:

 1. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1332.

 2. This Court has personal jurisdiction over Defendants by virtue of their California citizenship and tortious acts within this Judicial District.

 3 PEI owns Federal Trademark Reg. No. 721,987 for the mark PLAYMATE, several Federal Trademark Reg. Nos. for the mark PLAYBOY, and other registrations for the marks PLAYMATE and PLAYBOY.

 4. Defendants have used the mark PLAYMATE as part of their domain name on the Internet and used the marks PLAYMATE and PLAYBOY within the Internet Web pages offered at the site www.playmatelive.com, all without PEI's authority.

 6. The Court finds that Plaintiff PEI is likely to succeed on the merits in proving inter alia trademark infringement, unfair competition, including a false designation of origin and false representation, in defendants' use of the domain name "playmatelive.com", the use of the name Playmate Live Magazine which include plaintiff's PLAYMATE registered trademark, and the use of the PLAYBOY trademark in machine readable code in defendants' Internet Web page, so that the PLAYBOY trademark is accessible to individuals or Internet search engines which, attempt to access plaintiff under plaintiff's PLAYBOY registered trademark.

 IT IS THEREFORE FURTHER ORDERED that:

 1. Defendants, their officers, agents, servants, employees, attorneys, parents, subsidiaries and related companies having notice of this Order by personal service, electronic mail, or otherwise, and all persons acting for, with, by, through or under them, and each of them, shall be immediately temporarily enjoined and restrained from:

 a. using in any manner the PLAYMATE or PLAYBOY trademarks, and any other term or terms likely to cause confusion therewith, including PLAYMATELIVE or "playmatelive.com", as Defendants' domain name, directory name, or other such computer address, as the name of Defendants' Web site service, in buried code. or metatags on their home page or Web pages, ...


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