|October 30, 2008
ORDERED and ADJUDGED as follows: (1) Plaintiff Auburn University's 2 Motion for Preliminary Injunction is hereby GRANTED; (2) Defendants,Michael Moody and SIXFINGERYEAR.COM, and their officers, agents, servants, and employees, and all persons acting in conjunction with the defendants or at their direction, be and are, until further order of the court, RESTRAINED and ENJOINED from producing, manufacturing, marketing, distributing, selling or offering for sale, the unlicensed orange and blu e six finger foam hand novelty souvenirs bearing, or which have ever borne, the AUBURN and WAR EAGLE marks as well as any other foam hand novelty product that contains any of Auburns marks including AUBURN, WAR EAGLE, AUBURN UNIVERSITY, and AUBURN TI GERS; (3) that the defendants shall immediately remove all items and images of items from the SIXFINGERYEAR.COM website shopping cart that presently have affixed or have ever had affixed to it any of the Auburn marks; (4) That the defendants shall on or before November 6, 2008, DELIVER to Auburn for safekeeping (1) their entire inventory of unlicensed orange and blue six finger foam hand novelty souvenirs bearing, or which have ever borne, the AUBURN and WAR EAGLE marks as further set out and (2 ) any and all advertising and promotional materials, signs, business cards or other material which contain the Auburn marks; (5) That defendant Michael Moody shall cause to be PUBLISHED a corrective statement on the website SIXFINGERYEAR.COM as furth er set out; and (6) that plaintiff shall post a bond in the amount of $5,000 with the Clerk of Court by no later than close of business on Monday, November 3, 2008. The Clerk of the Court is DIRECTED to issue a writ of injunction and the United States Marshal shall personally serve defendants Mike Moody and SIXFINGERYEAR.COM with a copy of this order at the address of record. Signed by Honorable Charles S. Coody on 10/30/2008. (cb, ) (Additional attachment(s) added on 10/30/2008: # 1 Main Document) (cb, ). Modified on 10/30/2008 to correct the docket text to show Sixfingeryear.com rather than Sixfingerhand.com (cb, ).