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American Bullion, Inc. v. Assets

United States District Court, C.D. California

November 17, 2014

AMERICAN BULLION, INC., Plaintiff,
v.
REGAL ASSETS, LLC; Tyler Gallagher, an individual; Kelly Felix, an individual; and Does 1-10, inclusive, Defendants.

ORDER RE: PRELIMINARY INJUNCTION AGAINST DEFENDANTS REGAL ASSETS, LLC AND TYLER GALLAGHER

DEAN D. PREGERSON, District Judge.

On October 6, 2014, Plaintiff American Bullion, Inc.'s ("Plaintiff" or "American Bullion") Motion for a Preliminary Injunction against Defendants Regal Assets, LLC and Tyler Gallagher (collectively, "Defendants") was argued before this Court. After full consideration of the parties' briefs, the arguments of counsel, and all other matters and evidence presented to the Court, the Court finds that appropriate grounds exist for granting the Motion and issuing a Preliminary Injunction, as discussed in the Court's separate Order.

THUS, IT IS HEREBY ORDERED THAT Plaintiff's Motion for a Preliminary Injunction is GRANTED and the Court makes the following Order:

I. DEFINITIONS

For purposes of this Order, the following terms are defined as such:

A. Regal's Affiliate Program: the program operated, controlled and directed by Defendants Regal Assets, LLC and Tyler Gallagher, through which Defendants solicit and incentivize Regal Site operators to recommend Defendants and refer customers and potential customers to Defendants.

B. Regal Affiliate Agreement: the agreement that Defendant Regal Assets, LLC requires persons or entities to sign in order to participate in Regal's Affiliate Program.

C. Regal Site(s): any and all websites, blogs, reviews, online videos, postings, and other online content that have been created by any individual or entity that has registered or otherwise become a part of Regal's Affiliate Program and which contain any content identified in Schedule A.

II. DELETION/REFORMATION OF REGAL SITES

Defendants are hereby ordered to do the following:

A. Web Content/Regal Sites Under Defendants' Direct Control:
1. Defendants shall within 7 days of the entry of this Order and service on the parties/counsel through the CM/ECF system delete or cause to be deleted any websites, blogs, reviews, online videos, postings, and other online content, under Defendants' respective or joint control, unless and until the content identified in Schedule A is removed from such websites. (A website or other webpage or other internet content shall be deemed to be within Defendants' direct control if Defendants, or either of them, have administrative rights or otherwise possess the power to modify the content of such sites/pages/content.)
2. Defendants and all persons acting under their respective or joint direction or control (including but not limited to agents, representatives, or employees), shall immediately cease and desist from (1) creating, (2) causing to be created, or (3) providing content to or otherwise aiding or abetting the creation of any new websites, webpages, blogs, reviews, ...

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