Opinion
Case No. C 07-5370 SI.
May 9, 2008
COLETTE VOGELE (SBN No. 192865), BENJAMIN COSTA (SBN No. 245953), VOGELE ASSOCIATES, San Francisco, CA, Attorneys for Plaintiff and Counter-defendant, VIOLET BLUE.
ORDER GRANTING PLAINTIFF VIOLET BLUE'S NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
The motion of Plaintiff Violet Blue for a preliminary injunction enjoining Defendant and Counterclaim Plaintiff Ada Woffinden ("Woffinden"); Assassin Pictures Inc., a California corporation ("Assassin"); Assassincash.com ("Cash"); Bill T. Fox, an individual, a/k/a Bill Fox ("Fox"); Five Star Video L.C., an Arizona limited liability company a/k/a Five Star Video Distributors LLC d/b/a Five Star Fulfillment ("Five Star"); and Does 1-10 (collectively "Defendants"), and their officers, directors, agents, servants, employees, members, attorneys, distributors and all other persons acting or attempting to act in concert or participation with them, came on for hearing on May 9, 2008, before this Court, the Honorable Judge Susan Illston presiding. All interested parties were represented by counsel and given an opportunity to be heard.
The Court, having read and considered the papers submitted, and having heard the argument of counsel, hereby ORDERS as follows:
1. Defendants, any associated businesses of Defendants, and their officers, directors, agents, servants, employees, members, attorneys, distributors, and all other persons, firms or corporations, acting in concert and participation with them, their successors and assigns, are hereby enjoined from:
a) using names, trademarks, and Internet domains confusingly similar to, or identical to, Plaintiff's trademark VIOLET BLUE (including the name "Violetta Blue");
b) infringing any of Plaintiff's trademark rights;
c) identifying themselves as Violet Blue;
d) using the phrase "Violet Blue" in association with any goods or service;
e) attempting to trade upon Plaintiff's goodwill by capitalizing on the Violet Blue name through inclusion of "Violet Blue" history, or by referencing her former appearances as "Violet Blue";
2. Defendants, within twenty (20) calendar days of this order, are to cause any Internet domain within their control, including but not limited to http://www.violetblue.org and http://xxx.violetblue.org, to be inactive, so that a browser directed to any such page is not aliased to any other website and email to [anything]@violetblue.org is not delivered to any email system.
3. Defendants are to remove, within twenty (20) calendar days of this order, their confusingly similar trademarks and prohibited content from all materials to be distributed to the public, including through Defendants' website.
4. Defendants are to serve this order on all individuals and/or entities who distribute any films, videos, DVDs, images, audio and/or audiovisual materials that include Woffinden appearing under the name "Violet Blue" and/or any name confusingly similar to Plaintiff's trademark VIOLET BLUE (including "Violetta Blue").