UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
August 10, 2010
BECKMAN COULTER, INC., A DELAWARE CORPORATION, HON. JEREMY FOGEL PLAINTIFF,
BECKCOULT.COM, A DOMAIN NAME, AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANT.
The opinion of the court was delivered by: Jeremy Fogel United States District Court Judge
[PROPOSED] PRELIMINARY INJUNCTION [Complaint Filed July 15, 2010]
WHEREAS, on July 15, 2010, plaintiff Beckman Coulter, Inc. ("Plaintiff") moved for a temporary restraining order preventing Defendants from operating or managing the Beckcoult.com domain name;
WHEREAS, on July 26, 2010, this Court granted Plaintiff's motion for a temporary restraining order and permitted service of the Summons, Complaint, and Temporary Restraining Order on Defendants by email;
WHEREAS, on July 28, 2010, Plaintiff served Defendants with a copy of the Summons, Complaint, Case Management & Scheduling Orders, and Temporary Restraining Order to the email address firstname.lastname@example.org in compliance with the Court's July 26, 2010 Order, and received no notice that the message was was undeliverable, nor any other indication that the message was not delivered or received;
WHEREAS, Plaintiff's motion for preliminary injunction came on for hearing before this Court on August 6, 2010 at 9:00 a.m.;
WHEREAS, neither Plaintiff nor the Court has received any communication from Defendants in response to the Summons, Complaint and Temporary Restraining Order served on Defendants on July 28, 2010; and
WHEREAS, for good cause shown, the Court adopts the findings and legal conclusions of its July 26, 2010 Order granting Plaintiff's Ex Parte Application for a Temporary Restraining Order and incorporates those findings by reference into this Order.
NOW THEREFORE, THE COURT HEREBY issues a preliminary injunction enjoining and restraining Defendants from operating or maintaining any website using the Beckcoult.com domain name or any other domain name owned or used by Plaintiff pending final resolution of this case. To facilitate this result, the domain name registry, Verisign, Inc., shall disable the Beckcoult.com domain name by maintaining it offline and shall not allow transfer of the domain name pending final resolution of this matter.
The preliminary injunction shall be in effect until the case is resolved by judgment or otherwise.
IT IS SO ORDERED
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