Opinion
CV-02-237-ST
April 25, 2002
ORDER GRANTING PRELIMINARY INJUNCTION
ORDER
Based on the accompanying Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. Plaintiff and Third Party Defendants, their respective officers, employees, agents, affiliates, representatives, assigns, successors in interest, and any other person or party in privity with or acting in concert or participation with Plaintiff or Third Party Defendants, and each and all of them, are hereby enjoined from using the marks "Delivery Express," "DELEX" or "DE" or any contraction or derivative thereof, or any name, mark, logo or domain name confusingly similar to "Delivery Express," "DELEX," or "DE," in connection with any transportation, warehousing, messenger or courier service they may offer in the states of Washington or Oregon.
2. Plaintiff and Third Party Defendants are prohibited form utilizing any telephone numbers that are advertised in conjunction with the "Delivery Express" trademark. Such telephone numbers shall be disconnected by the close of business on May 24, 2002. Plaintiff and Third Party Defendants shall not link, by call forwarding or any other means, their advertised telephone numbers to any other telephone numbers they have established or may establish.
3. This preliminary injunction shall remain in effect until final disposition of this case or further Order of this court.
4. By May 31, 2002, Plaintiff and Third Party Defendants are ordered to file with this court and serve on the Defendant a report in writing and under oath setting forth in detail the manner and form in which Plaintiff and Third Party Defendants have complied with this Preliminary Injunction.
5. Defendant is ordered to deliver a copy of this Order Granting Preliminary Injunction to all officers, shareholders, directors and employees of the Plaintiff and Third Party Defendants.
6. This injunction shall become effective upon Defendant filing a bond in the amount of $10,000.00.