Coachella Music Festival LLC v. John Does et al
| Coachella Music Festival LLC |
| Jane Does, John Does and XYZ Company |
| 2:2012cv03069 |
| April 9, 2012 |
| US District Court for the Central District of California |
| Audrey B. Collins |
| John E. McDermott |
| Trademark |
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Filing
16
PRELIMINARY INJUNCTION AND SEIZURE ORDER by Judge Audrey B. Collins: NOW, THEREFORE, IT IS HEREBY ORDERED, that the defendants, their agents, servants, employees, attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained from: (A) Using any or all of the Festivals and/or the Artists Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of any clothi ng or other merchandise; (B) Manufacturing, distributing, selling, and/or holding for sale any clothing or other merchandise which carries or otherwise uses any or all of the Festival's and/or the Artists' Trademarks; or ( c) Aiding, abetti ng, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that the U.S. Marshal for this district or for any district in which Plaintiff seeks to enforce this Order in the United States, the state police, local police, local deputy sheriffs, off-duty officers of the same, and any person acting under their supervision (collectively "Process Servers"), are hereby similarly authorized to seize and impound any and all unauthorized merchandise b earing any or all of the Festival's and/or the Artists' Trademarks. IT IS FURTHER ORDERED, that service of a copy of this Order, together with the Summons and Complaint, be made upon defendants by the Process Servers at the time the seizure provided herein is effected, and that such service shall be deemed good and sufficient. IT IS FURTHER ORDERED, that each and every defendant served with a copy of this order promptly, courteously and peaceably identify himself or herself to the afor ementioned Process Server and that the Process Server or agents for Plaintiff be allowed to photograph, videotape or otherwise identify the defendant. IT IS FURTHER ORDERED, that the Process Server shall offer a receipt to each person from whom goods are seized. IT IS FURTHER ORDERED, that any Defendant who is hereafter served with a copy of this Order who objects to the provisions herein may submit his or her objections to this Court or otherwise move for relief from this Court within ten (10) days of the date of seizure according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. IT IS FURTHER ORDERED, that all unauthorized items heretofore or hereafter seized in this action be delivered up to the Plaintiff or the persons designated above, pending final disposition of this matter. IT IS FURTHER ORDERED, that the bond heretofore deposited with the Clerk of this Court to secur e payment of costs incurred in enforcing the provisions of the temporary restraining order and any damages sustained by any party who is found to have been wrongfully enjoined thereby is hereby continued until final disposition of this matter. IT IS SO ORDERED At: 10:05 a.m. (see document for further details) (bm)
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