Free Transfer Document - District Court of California - California

Case 3:08-cv-01493-JM-BLM

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Filed 06/24/2008

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DOWNEY BRAND LLP MICHAEL J. THOMAS (Bar No. 172326) APARNA RAJAGOPAL-DURBIN (Bar No. 218519) 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff Nutrishare, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Nutrishare, Inc., a California corporation, Plaintiff, v. BioRx, LLC, an Ohio Limited Liability Company, Defendant.

Case No. 2:08-CV-01252-WBS-EFB
[PROPOSED] ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION ORAL ARGUMENT REQUESTED Date: Time: Dept: August 4, 2008 2:00 p.m. Courtroom 5

Plaintiff NUTRISHARE, INC.'S ("Nutrishare's") Motion for Preliminary Injunction came before this Court and was heard on ________________, 2008 at ______ a.m., with the Honorable ___________________ presiding. The Court, having reviewed all moving papers, opposition, and reply papers, and having heard the arguments of counsel in this matter, hereby orders as follows: 1. Plaintiff's Motion for Preliminary Injunction is hereby GRANTED pursuant to the

terms provided herein. 2. Defendant, its agents, servants, and employees, and all persons acting under, in

concert with, or for it are enjoined from: a. Using the name "NutriThrive," or any variation of the term "nutri," as a source identifier for itself, any related entities, or the products and services it offers;
928585.1

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[PROPOSED] ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION

Case 3:08-cv-01493-JM-BLM

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b. Using the domain name www.nutrithrive.com, or any other domain name involving the term "nutri" or any variation thereof; c. making any references to the term "NutriThrive" on any websites, including but not limited to www.nutrithrive.com, www.biorx.com, and any other websites; d. Causing likelihood of confusion, deception, or mistake as to the source, nature, or quality of Defendant's products or services; and e. Otherwise infringing Plaintiff's "Nutrishare" mark. 3. The Court ORDERS Plaintiff to post a bond in the amount of $_____________

pursuant to Eastern District Local Rules 65.1-151 and 65-231.

IT IS SO ORDERED.

Dated:_________________, 2008

_______________________________________ UNITED STATES DISTRICT COURT JUDGE

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[PROPOSED] ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION