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Otter Products, LLC, A Colorado Limited Liability Company v. Scott Johnson

July 27, 2012

OTTER PRODUCTS, LLC, A COLORADO LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
SCOTT JOHNSON, JR., AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Dean D. Pregerson

ORDER FOR PRELIMINARY INJUNCTION AGAINST DEFENDANT SCOTT JOHNSON, JR., AN INDIVIDUAL

Complaint Filed: May 14, 2012

The Court, in accordance with its Order of July 17, 2012 granting Plaintiff OTTER PRODUCTS, LLC's (hereinafter "Plaintiff") ex parte application for a temporary restraining order against Defendant SCOTT JOHNSON, JR. (hereinafter "Defendant") (Document #11) and its Civil Minutes of the Preliminary Injunction Hearing which took place on July 23, 2012, hereby ORDERS, ADJUDICATES and DECREES that a preliminary injunction shall be and hereby is entered against Defendant in the above-referenced matter as follows:

1. PRELIMINARY INJUNCTION.

Defendant and his agents, employees, officers, directors, owners, attorneys, representatives, successor companies, related companies, and all persona acting in concert or participation with him, and each of them, be preliminarily restrained from:

a. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, shipment, licensing, development, display, delivery, marketing, advertising or promotion of the counterfeit OTTERBOX® product identified in the Complaint and any other unauthorized OTTERBOX® product, or products bearing Plaintiff's Trademarks (including any non-genuine reproduction, counterfeit, copy or colorable imitation thereof).

b. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, shipment, licensing, development, display, delivery, marketing, advertising or promotion of the infringing and diluting product identified in the Complaint and any other product which infringes or dilutes any Plaintiff's Trademark, trade name and/or trade dress including, but not limited to, any of Plaintiff's Trademarks at issue in this action.

c. The unauthorized use, in any manner whatsoever, of any Plaintiff's trademark, trade name and/or trade dress including, but not limited to, the Plaintiff's Trademarks at issue in this action, any variants, colorable imitations, translations and/or simulations thereof and/or any items that are confusingly similar thereto, including specifically:

i. on or in conjunction with any product or service; and

ii. on or in conjunction with any advertising, promotional materials, labels, hangtags, packaging, or containers.

d. The use of any trademark, trade name, or trade dress that falsely represents, or is likely to confuse, mislead or deceive purchasers, customers, or members of the public to believe that unauthorized product imported, exported, manufactured, reproduced, distributed, assembled, acquired, purchased, offered, sold, transferred, brokered, consigned, distributed, stored, shipped, marketed, advertised and/or promoted by Defendant originates from Plaintiff, or that said merchandise has been sponsored, approved, licensed by, or associated with Plaintiff or is, in some way, connected or affiliated with Plaintiff.

e. Engaging in any conduct that falsely represents that, or is likely to confuse, mislead, or deceive purchasers, customers, or members of the public to believe that Defendant itself is connected with, or is in some way sponsored by or affiliated with Plaintiff, purchases product from or otherwise has a business relationship with Plaintiff.

f. Affixing, applying, annexing, or using in connection with the manufacture, distribution, advertising, sale, and/or offering for sale or other use of any goods, a false description or representation, including words or symbols, tending to falsely describe or represent such goods as being those of Plaintiff.

g. Hiding, disposing of, destroying, moving, relocating or transferring any and all products, advertising, promotional materials, labels, hangtags, packaging or containers ...


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