Free Order on Motion for Preliminary Injunction - District Court of Connecticut - Connecticut

ase iykcv-OO9?I.aCFD Document 29 Filed O1/@9/2004 Page 1 of 1
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H tsp UNITED STATES DISTRICT COURT
I DISTRICT OF CONNECTICUT
E F AMERICAN BOARD OF 0 3(ZHIL ACTION N0- % j
ANESTHESIOLOGY, INC. ` V 9 ? 3-:3 .¤ , ,
j Plaintiff, : _
JOHN STEPHEN NAULTY, M.D. j` . -_ ia U {
"C‘ ti; I .. it ii`'`'. ` `‘‘‘‘i
‘j_‘ §_ ?_g;Defendant. : JUNE 2, 2003 '·li° I
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§ T ,. ,, LL gr; ri -_·- MOTION FOR PRELIMINARY INJUNCTION
- ` ‘ gi tr ij? if; AND APPLICATION FOR AN ORDER TO SHOW CAUSE
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Q Z-Zi plaintiff, the American Board of Anesthesiology, Inc. (the "ABA"), hereby
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Q? ‘ii‘loves;:pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary
_ injunction in accordance with the request for relief in its Verified Complaint. Specifically,
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`: xx the ABA seeks an order restraining the defendant and his partners, officers, agents,
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·i` representatives, servants, employees, attorneys, and all other persons or entities acting on
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\ §\ or in active concert or participation with him who receive actual notice of such order
`g L and/or judgment by personal service or otherwise, from contributing to, causing or

Q 3 abetting any of the following actions:
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3 5 (a) Directly or indirectly using or infringing upon the ABA's certification I
Q5 marks;
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_ (b) Engaging in any acts or activities directly or indirectly calculated to trade
Q \ upon the ABA certification marks, or the reputation and goodwill of the
& ABA, or which in any manner competes unfairly with the ABA; and
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A (c) Making any representation, including any use of brochures, letterhead,
_ business cards or other written information indicating or implying that the
I Defendant is Board certified by the ABA in the subspecialty of pain
medicine.
ORAL ARGUMENT REQUESTED I
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