Opinion
Case No. 2:05-CV-48 TC.
February 3, 2005
STIPULATED PRELIMINARY INJUNCTION ORDER
IT IS HEREBY ORDERED (based on the parties' stipulation) that, for the duration of this lawsuit:
1. Defendants in the above-captioned matter, as well as their agents and anyone else acting under their direction or control, shall not use, disseminate, copy, publish, or otherwise make use of the alleged copyrighted material owned by Plaintiff as identified in the papers issuing Copyright Registration Number 133907728 (June 2003). A copy of the covered materials must be attached as Exhibit A to this Order before the injunction takes effect;
2. Defendants in the above-captioned matter, as well as their agents and anyone else acting under their direction or control, shall not use, disseminate, copy, publish, or otherwise make use of the alleged copyrighted material owned by Plaintiff and accepted and issued by the United States Copyright Office on January 6, 2005 (issuance of registration number pending; on file at the Library of Congress) — that is, all PHP files in the folder www.gearjockey.com/userdb/ (a copy of the covered materials must be attached as Exhibit B to this Order before the injunction takes effect);
3. Upon issuance of the injunction, Defendants shall provide immediate notice of the terms and issuance of the preliminary injunction, as well as a copy of this Order, to all of their agents or those acting under Defendants' direction or control; and
4. Plaintiff shall not use, disseminate, copy (other than to the extent necessary to preserve evidence for this lawsuit), publish, or otherwise make use of any of the Defendants' alleged proprietary materials that Plaintiff, its agents, employees, officers, or others acting under its direction or control, gain access to by virtue of access to the web-serverwww.gearjockey.com or godaddy.com for purposes of copying Plaintiff's copyrighted materials in the website's "userdb" folder.
IT IS FURTHER ORDERED THAT:
5. Plaintiff is to return the web-server to Defendants no later than 4:00 p.m., Friday, February, 4, 2005.
6. The injunction will become effective as soon as an appropriate bond is submitted by the Plaintiff and the materials (Exhibits A and B identified above) are provided to the court. The amount of the bond will be decided by the court after receipt and consideration of affidavits from Plaintiff and Defendants setting forth reasons to support what they believe is an appropriate bond amount. In addition to filing the affidavit in the usual course, Defendants are to submit their supporting affidavit to the court via fax or hand delivery no later than 4:00 p.m. on Friday, February 4, 2005. Similarly, Plaintiff is to submit its supporting affidavit to the court via fax or hand delivery no later than 4:00 p.m. on Monday, February 7, 2005. At the same time the affidavits are submitted to the court, the sending party shall fax, hand-deliver, or email a copy of the affidavit to opposing counsel.
IT IS SO ORDERED.