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Kingston Technology Corp. v. Jiaxin Technology

October 15, 2009

KINGSTON TECHNOLOGY CORPORATION, A CALIFORNIA CORPORATION, KINGSTON DIGITAL, INC., A DELAWARE CORPORATION, KINGSTON TECHNOLOGY COMPANY, INC., A DELAWARE CORPORATION PLAINTIFFS
v.
JIAXIN TECHNOLOGY, A CHINESE COMPANY, YONG LIU, AN INDIVIDUAL, ADD2NET, INC., A CALIFORNIA CORPORATION, AND DOES 1-10 DEFENDANTS.



The opinion of the court was delivered by: Honorable Cormac J. Carney United States District Court Judge

NOTE: CHANGES MADE BY THE COURT

[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION Honorable Cormac J. Carney Courtroom 9B

Whereas Plaintiffs Kingston Technology Corporation, Kingston Digital, Inc., And Kingston Technology Company, Inc. (collectively "Kingston") have established: (i) that ex parte relief is necessary to give effect to the remedies afforded Kingston by law under 15 U.S.C. § 1114; (ii) that Plaintiffs are likely to succeed in showing that the Defendants used a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services; (iii) that an immediate and irreparable injury will occur if a temporary restraining order is not issued; (iv) and that the harm to Plaintiffs from denying the application outweighs the potential harm to Defendants from granting the temporary restraining order.

Therefore, pursuant to Kingston's Ex Parte Application for Temporary Restraining Order, Plaintiff's Memorandum of Points and Authorities in support thereof, and good cause appearing, it is hereby

ORDERED:

(1) Jiaxin Technology Corporation, Yong Liu, and all DOES receiving notice of this Order, their officers, agents, assigns and representatives ("Jiaxin, Liu, and DOES") are hereby preliminarily enjoined from operating, hosting, registering, or facilitating any website or domain name, including but not limited to "kingstonusbcf.com," containing the KINGSTON, KINGSTON TECHNOLOGY, or DATATRAVELER marks (collectively the "Kingston Marks") or any variation, combination, misspelling, or colorable imitation thereof.

(2) Jiaxin, Liu, and DOES are further enjoined from manufacturing, selling, offering for sale, promoting, advertising, shipping, or transferring any counterfeit, copy, or colorable imitation of any product labeled, designated or referred to by the Kingston Marks or any variation or combination thereof.

(3) Jiaxin, Liu, and DOES are further enjoined from transferring, withdrawing, hiding, spending, or otherwise making unavailable any money or assets which Jiaxin, Liu, and DOES have acquired through the sale of counterfeit products containing the Kingston Marks.

(4) On two days' written notice to this Court and plaintiff, Jiaxin, Liu, and DOES may appear and move for the dissolution or modification of this order.

(5) Jiaxin, Liu, and DOES are further hereby given notice that violation of any of the terms of this Order may be considered contempt of court.

ORDERED:

(1) Add2Net, Inc. is hereby preliminarily enjoined from operating, hosting, registering or facilitating the domain name http://www.kingstonusbcf.com (hereinafter the "Subject Domain Name").

(2) Add2Net, Inc. shall terminate the web hosting account containing the subject domain name and any other web hosting account under the name of the account holder of the Subject Domain Name or Jiaxin Technology or Yong Liu.

(3) Within three days of the effective date of this order, Add2Net, Inc. shall provide counsel for the plaintiff a current list of all account level domain names containing the words Kingston or ...


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