Opinion
CASE NO. 2:12-cv-00698
05-07-2013
SANDY COOPER, an individual, GARDEN MEADOW, INC., a Connecticut corporation, Plaintiffs, v. NINGBO XINGQIANG METALLIC PRODUCTS CO., LTD., a Chinese company, Defendant.
L. CHRISTOPHER ROSE, ESQ. Nevada Bar No. 7500 TYLER N. URE, ESQ. Nevada Bar No. 11730 JOLLEY URGA WIRTH WOODBURY & STANDISH Attorneys for Plaintiffs Sandy Cooper and Garden Meadow, Inc.
L. CHRISTOPHER ROSE, ESQ.
Nevada Bar No. 7500
TYLER N. URE, ESQ.
Nevada Bar No. 11730
JOLLEY URGA WIRTH WOODBURY & STANDISH
Attorneys for Plaintiffs Sandy Cooper
and Garden Meadow, Inc.
ORDER GRANTING EMERGENCY
MOTION FOR ENTRY OF ORDER
DIRECTING SERVICE OF INJUNCTION
AND IMPOUNDING INFRINGING
PRODUCTS
Plaintiffs' Emergency Motion for Entry of Order Directing Service of Injunction and Impounding Infringing Products (Docket No. 30) having come before the Court, and for good cause showing, it is hereby:
ORDERED ADJUDGED, AND DECREED that Plaintiffs' Emergency Motion for Entry of Order Directing Service of Injunction and Impounding Infringing Products is GRANTED;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States Marshall is directed to serve the Default and Default Judgment and Permanent Injunction filed on March 28, 2013 [Doc. # 27] (the "Injunction") on CTM International Giftware, Inc.;
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that the United States Marshall shall seize, confiscate, and impound products being displayed by or in the possession of CTM International Giftware, Inc. at the National Hardware Show at the Las Vegas Convention and Visitors Authority, 3150 Paradise Rd., Las Vegas, NV 89109, located at CTM's booth (booth 12013, North Hall) or wherever they may be found, that infringe on the specific works protected by the Injunction and other works protected by the Injunction that are substantially similar to the total concept and feel of Plaintiffs' copyrighted works, including, but not limited to, works incorporating a ball with a distinctive foggy film-like look when unilluminated and, when illuminated, diffused colored or white light which emanates from within the ball, which is incorporated into decorative design configurations (e.g. plants, animals, insects, birds, fish, suns, and moons) made from metal, or incorporating decorative exterior lantern housings in certain shapes (e.g. circles, ovals, rectangles, pear shapes, cylinders, plants, animals, birds, and fish) with distinctive sculptural metalwork having a wrought iron appearance, in frilly, whimsical design configurations which constitute the exterior portions with a distinctive foggy film-like look when unilluminated and, when illuminated, diffused colored or white light which emanates from within the lantern, or works in any other way substantially similar to the works.
IT IS SO ORDERED.
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UNITED STATES DISTRICT COURT JUDGE