The opinion of the court was delivered by: Andrew J. Guilford United States District Judge
PRELIMINARY INJUNCTION ORDER (Issued concurrently with Order Granting In Part PEXT's Motion to Dismiss, Granting MJA's Motion to Dismiss, and Granting Motion for Preliminary Injunction)
Based on the evidence and arguments submitted concerning the Motion for Preliminary Injunction filed by MJ Acquisitions. Inc. ("MJA"), the Court ORDERS the following Preliminary Injunction. SMS Limited, and its officers, agents, servants, employees, and attorneys, and other persons in active concert or participation with any of them are, if they have actual notice of this Order under Federal Rule of Civil Procedure 65(d)(2):
Enjoined from using the Saleen Marks and the "Silhouette" logo;
Enjoined from using "Saleen," "Saleen Performance Vehicles," or any word or term incorporating "Saleen" to market or sell SMS's products; and
Enjoined from referring to its products as "true Saleen," "real Saleen," "genuine Saleen," or "new Saleen" products; but,
Not enjoined from using the name "Steve Saleen" to describe Steve Saleen's association with SMS Limited or its products, or to describe Steve Saleen's biographical information in a way that will not violate MJA's intellectual property rights. For example, SMS may state that a car is "Designed by Steve Saleen," but may not state that a car is "Designed by Saleen."
This Order will become effective on MJA's posting a bond in the amount of $2 million, and it is issued without prejudice to it being expanded or contracted on a showing by the parties that an expansion or contraction of this Order is appropriate.
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