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| | Preliminary Injunction |
 | | preliminary injunction definition — a preliminary injunction is an order by the court requiring the defendant to do or refrain from doing some action pending a full trial on the merits of the lawsuit. |
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http://www.commerce-database.com/legal-terms/preliminary-injunction.htm
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| | Injunction - Wikipedia, the free encyclopedia |
| | In United States law, a temporary restraining order (or TRO) may be issued on a short-term basis until the court decides whether to issue a preliminary injunction. | | | It is usually necessary to prove the high likelihood of success upon the merits of one's case and a likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to obtain a permanent injunction. | | | Norris-LaGuardia Act, which imposed so many procedural and substantive limits on the federal courts' power to issue injunctions as to effectively prohibit all federal court injunctions in cases arising out of labor disputes. |
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http://en.wikipedia.org/wiki/Injunction
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| | RULE7-prov_remedies |
| | Within the said twenty-day period, the court must order said party or person to show cause, at a specified time and place, why the injunction should not be granted, determine within the same period whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding order. | | | The injunction or restraining order may also be denied, or, if granted, may be dissolved, on other grounds upon affidavits of the party or person enjoined, which may be opposed by the applicant also by affidavits. | | | — A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. |
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http://www.supremecourt.gov.ph/roc/RULE7-prov_remedies.html
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| | Preliminary Injunction Tips |
| | Preliminary injunctions may and still be under certain circumstances be considered extraordinary remedies and the exercise of that power should not be squandered upon trivial matters which may have a tendency to in some way impugn the integrity or importance of the court. | | | In order to obtain a preliminary injunction, it is important to convince the Court both that the facts and law are in your favor. | | | Obviously, if the matter has been in dispute for a lengthy period of time, there is some question as to whether a preliminary injunction is warranted or not. |
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http://www.supnik.com/inj.htm
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| | Arizona Divorce Laws: Temporary order or preliminary injunction; effect |
| | The preliminary injunction shall have the force and effect of an order of the superior court signed by a judge and shall be enforceable by all remedies made available by law, including contempt of court. | | | The remedies provided in this subsection for enforcement of the preliminary injunction are in addition to any other civil or criminal remedies available, including civil contempt of court. | | | The petitioner shall cause a copy of the preliminary injunction to be served upon the respondent together with a copy of the summons and petition for dissolution, legal separation or annulment. |
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http://www.divorcestore.com/arizonalaw/315.htm
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| | Measure 58 Lawsuit - Preliminary Injunction |
| | The Court, having considered the Stipulated Motion for Preliminary Injunction filed by Plaintiffs and Defendants herein, the Affidavits of Plaintiffs and Plaintiffs' counsel. | | | IT IS FURTHER ORDERED THAT this Preliminary Injunction shall expire upon the entry of judgment, unless extended by subsequent order of the court. |
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http://www.plumsite.com/oregon/preliminary-injunction.html
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| | Summary of Preliminary Injunction Order |
| | The government advised the court that only 1-2% of the 2,000 pending cases should be affected by these provisions of the injunction. | | | In granting the preliminary injunction, the court laid out specifically how the government will handle black lung claims. | | | for the approximately 2,000 cases pending before Administrative Law Judges and the Benefits Review Board, cases in which the new rules would change the outcome, no decisions shall be made during the injunction. |
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http://www.umwa.org/blacklung/prelim.shtml
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| | liibulletin: Credit Agricole Indosuez v. Rossiyskiy Kredit Bank |
| | PRELIMINARY INJUNCTION - BREACH OF FIDUCIARY DUTY - UNSECURED DEBTOR - CREDITOR - C.P.L.R. A general creditor seeking a preliminary injunction under C.P.L.R. 6301 to freeze a debtor's assets must demonstrate a violation of a right and not merely a claim for the assets alone. | | | Whether a court can grant a preliminary injunction preventing a debtor defendant from dissipating its assets while a money damages claim by the creditor is pending. | | | The New York Supreme Court granted both remedies and the Appellate Division affirmed, granting leave to appeal the certified question issuing a preliminary injunction. |
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http://www.law.cornell.edu/ny/ctap/comments/i00_0019.htm
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| | Stipulated Order for Preliminary Injunction |
| | As a part of the preliminary injunction, we must make sure that you comply with the preliminary injunction, which was entered by the United States District Court for the District of Utah on _______________ (date). | | | Importantly, the preliminary injunction requires us to monitor our resellers and terminate all sales to any reseller who disseminates advertising or promotional materials that expressly or by implication make any claims about our comfrey products that we may not make pursuant to the order. | | | Plaintiff FTC filed its complaint to secure a permanent injunction, preliminary injunction, and other equitable relief, against Defendants for their deceptive acts or practices and false advertisements for foods, drugs, devices, services or cosmetics in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52. |
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http://www.ftc.gov/os/2001/07/chrisent-stipulate.htm
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| | Honolulu Star-Bulletin Local News |
| | Attorneys for both sides had agreed to argue on both the attorney general's motion for a temporary restraining order and the next step, a preliminary injunction -- saying the arguments are the same. | | | The state attorney general on Friday filed a request for a restraining order to preserve the newspaper's operations and prevent further erosion until the court can consider the merits of the state's lawsuit challenging the termination agreement between Liberty Newspapers and Gannett. | | | He discounted the state's request for an injunction, saying the courts have no right to order newspapers to compete editorially. |
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http://starbulletin.com/1999/10/13/news/story1.html
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| | CNN.com - What's in a name? - Mar 17, 2004 |
| | In the most recent example, a Rikers Island inmate being tried for crack-cocaine possession, interrupted his preliminary hearing a number of times to declare that his name was copyrighted and he would be demanding money from parties in the court who spoke it without his permission. | | | The suit also asks the judge to order the court clerk and its staff to "use their best efforts to refrain from" accepting any documents filed from Batts seeking liens against the two judges and prosecutor. | | | James Walker filed liens on June 20, 2003, against Queens Assistant District Attorney Theresa Tebbet-Koubeck and Justice Joseph Grosso, demanding $500,000 for each reference they made to him while handling his drug case. |
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http://www.cnn.com/2004/LAW/03/17/name.copyright/index.html
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| | Document: Order granting preliminary injunction, 12/6/99. |
| | Defendants do not oppose a preliminary injunction, but argue that the scope of the injunction should be restricted to only prohibit direct infringement of plaintiff's copyright. | | | This matter is before the court on plaintiff's motion for preliminary injunction. | | | Having fully considered the arguments of counsel, the submissions of the parties and applicable legal authorities, the court grants plaintiff's motion for a preliminary injunction. |
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http://techlawjournal.com/courts/lds/19991206.htm
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| | FTC Obtains Preliminary Injunction Against Marketers of Bogus Cancer-Cure "Supreme Greens" |
| | The preliminary injunction prohibits Barrett, DMC, and ITV from making the challenged disease-cure claims, prohibits Barrett, DMC, and ITV from disseminating any advertisement that misrepresents that it is not a paid advertisement, and mandates that infomercials prominently display disclaimers to that effect. | | | The Court also found in the preliminary injunction that the Commission is likely to succeed in holding Barrett, DMC, and ITV jointly and severally liable for violations of the FTC Act and stated that the defendants' "business operations are permeated by deceptive practices." | | | Further, the Court stated that if the accounting or additional evidence demonstrates that the defendants have concealed or are likely to conceal assets, it will consider additional FTC requests for the relief necessary to ensure the enforceability of any judgment, such as the appointment of a receiver or an asset freeze. |
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http://www.ftc.gov/opa/2004/07/dmc.htm
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| | Judge issues injunction against Napster CNET News.com |
| | Readers who read Judge issues injunction against Napster also read.... | | | Napster attorneys said the injunction could shut down the service until a trial is held later this year because the company cannot easily filter copyrighted material. | | | In granting the RIAA's request for a preliminary injunction today, Patel found that the plaintiffs had provided enough evidence to show a strong likelihood of success at trial. |
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http://news.cnet.com/news/0-1005-200-2354002.html
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| | ICANN ICANN's Opposition to Preliminary Injunction 14 September 2001 |
| | Just as an injunction against "refusing to authorize" clearly mandates affirmative acts of authorization, so too would an injunction against "not prohibiting" clearly mandate affirmative acts of prohibition. | | | The two factors that guide the trial court's exercise of its discretion in deciding a motion for preliminary injunction are: (1) the plaintiff's likelihood of success on the merits, and (2) a balancing of the likely harm from granting the injunction against the likely harm from denying it. | | | In Davenport, for example, the court of appeal held that an injunction was mandatory when it prohibited defendant from "refusing to authorize" certain medical treatment. |
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http://www.icann.org/legal/smiley-v-icann/icann-opp-pi-14sep01.htm
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| | Referee Enterprises, Inc. v. Planet Ref, Inc. |
| | The plaintiff has no adequate remedy at law with respect to the defendants' actions, the balance of harm weighs in favor of the plaintiff and a preliminary injunction is in the public interest for multiple reasons, including confusion and false designation or origin. | | | This matter came before the court on December 8 and December 11, 2000, on the plaintiff's motion for preliminary injunction. | | | Defendants, their officers, agents, sales representatives, servants, employees, associates, attorneys, successors and assigns, and all persons acting by, through, under, or in active concert or participation with any of them, are preliminary enjoined from: |
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http://www.loundy.com/CASES/Referee_Ent_v_Planet_Ref.html
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| | LFA Sonar Use Strictly Limited in Preliminary Injunction |
| | The suit sought to overturn the permit and authorization and also asked the court to issue a preliminary injunction against LFA sonar use, which would prohibit the Navy from using the device until the court ruled on the merits of the case. | | | Her goal was to issue a "narrowly tailored" preliminary injunction that would allow—but limit—LFA sonar use until she made a final ruling on the case. | | | The next appearance before Judge LaPorte is scheduled for November 22, when the preliminary injunction settlement agreement will be finalized. |
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http://www.hsus.org/ace/15751
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| | Sun wins injunction against Microsoft CNET News.com |
| | A U.S. District Court judge has ruled that Sun Microsystems is likely to prevail on the merits of its licensing case against Microsoft, and granted Sun's request for a preliminary injunction. | | | Sun sued Microsoft in October 1997 for breach of contract, alleging that Microsoft's Java implementation failed to pass compatibility tests required in its licensing agreement. | | | It added: "The court's disposition of Sun's motion for preliminary injunctive relief based on copyright infringement achieves much of the relief sought by Sun." |
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http://www.news.com/News/Item/0,4,28937,00.html
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| | PLAYBOY ENTERPRISES, INC |
| | LEGGE, J. This cause has been presented to the Court, upon the motion of Plaintiff Playboy Enterprises, Inc. ("PEI"), seeking an Order of Preliminary Injunction during the pendency of this action, from infringing PEI's trademarks on Defendants' Internet World Wide Web sites. | | | That Defendants shall file with the Court and serve upon Plaintiff's counsel within thirty (30) days of the entry of such Order of Preliminary Injunction an affidavit or declaration attesting to and detailing Defendants' compliance with it. | | | It is further ordered that Plaintiff shall maintain the bond previously posted in the amount of $1000.00 for this Order. |
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http://cyber.law.harvard.edu/metaschool/fisher/linking/meta/METAC1.html
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| | SignOnSanDiego.com > News > Metro -- Dozens targeted in Skyline gang injunction |
| | After listening to three hours of testimony from a courtroom full of named defendants, Superior Court Judge Luis Vargas ruled the preliminary injunction was necessary to restore Skyline as a "safe and inhabitable" community. | | | The matters could go to trial if the judge could issue a permanent injunction. | | | About 30 of the named defendants were in custody and others did not show up for the court hearing, said Deputy District Attorney Terri Perez. |
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http://www.signonsandiego.com/news/metro/20040416-1555-injunction.html
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| | CNN.com - Supreme Court debates online smut law - Mar. 3, 2004 |
| | A federal judge in Philadelphia issued a preliminary injunction, preventing the law from being enforced while the case was under way. | | | The American Civil Liberties Union and other groups immediately filed suit, claiming the law violates the First Amendment by criminalizing free speech. | | | The act, passed by Congress in October 1998 and signed into law by President Clinton, would ban making "any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors." |
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http://www.cnn.com/2004/LAW/03/02/online.smut/index.html
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| | PCWorld.com - Lexmark Wins First Round in Printer Suit |
| | Judge Karl Forester, Chief Judge for the Eastern District of Kentucky, issued a preliminary injunction that bars Static Control Components from making or selling chips used to make replacement cartridges for two of Lexmark's laser printers, the companies said in separate statements Thursday. | | | A U.S. district court has issued a preliminary ruling in favor of Lexmark International in a case that analysts have said could affect the future availability of low-cost replacement toner cartridges for printers. | | | Judge Forester determined that Lexmark is likely to prevail at trial on the merits of its case and issued the temporary injunction against SCC, Lexmark said. |
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http://www.pcworld.com/news/article/0,aid,109596,00.asp
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| | Group seeks injunction against city - visaliatimesdelta.com |
| | "One of our affiliate attorneys will file a preliminary injunction to keep them from asserting an interest in the property," he said. | | | The Pacific Justice Institute, a legal defense group that defends religious freedoms, said it will seek an injunction to stop the eminent domain proceeding the city of Visalia has undertaken to prevent the sale of the Main Street Theatre to Visalia's Re-storation Church. | | | The filing is expected to be done in federal court in the next few days, he said. |
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http://www.visaliatimesdelta.com/news/stories/20040528/localnews/523687.html
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| | Emling Forensis - Order re Preliminary Injunction |
| | Plaintiff argues these were violations of the existing preliminary injunction and requests that the Court find Defendants in contempt. | | | On August 6, 1999, this Court granted Plaintiff's request for a preliminary injunction, which was unopposed. | | | Plaintiff also requests the Court expand the preliminary injunction to prevent any use of the "emachines.com" domain name by RAM, and transfer the domain name to Plaintiff. |
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http://www.emling.com/trialprac/pleadings3.htm
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| | Third Circuit Opinion in ACLU v. Reno II |
| | We review a district court's grant of a preliminary injunction according to a three-part standard. | | | Legal conclusions are reviewed de novo, findings of fact are reviewed for clear error, and the "ultimate decision to grant or deny the preliminary injunction" is reviewed for abuse of discretion. | | | The government challenges the District Court's issuance of a preliminary injunction which prevents the enforcement of the Child Online Protection Act, Pub. |
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http://www.epic.org/free_speech/copa/3d_cir_opinion.html
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| | HoustonChronicle.com - Tompkins: Treating wildlife as public resource works best |
| | The cases consistently ruled no private property rights attach to wild animals so long as they are not legally possessed as occurs under the terms of a state-issued permit or hunting license. | | | By trapping the deer, transporting and processing the deer, the group members contended, the city was violating their rights under federal and state constitutions against having their private property taken without just compensation. | | | Rodriguez's ruling included a listing of several precedents from Texas and federal court cases involving questions of ownership of wildlife. |
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http://www.chron.com/cs/CDA/ssistory.mpl/sports/2376235
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| | GPL gains clout in German legal case Tech News on ZDNet |
| | In April, a three-judge panel in a Munich court granted Welte's request for a preliminary injunction to stop distribution of the product without complying with the GPL. | | | "This preliminary German decision reinforces the essential obligations of the GPL by requiring that if you adopt and distribute GPL code, you must include the GPL license terms and provide source code to users," he said. | | | Harald Welte, one of the main netfilter authors, sued a Dutch company, Sitecom, alleging it used the software in a wireless network product without abiding by the terms of the General Public License (GPL). |
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http://zdnet.com.com/2100-1104-5198117.html
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| | Plagiarism in Colleges in USA |
| | The court granted a preliminary injunction that prohibited the defendants from continuing to engage in their fraudulent acts of selling term papers and appointed a receiver to preserve the corporate assets, so any creditors could be paid. | | | In some other states, only the Attorney General can apply for the injunction under the statute. | | | Plaintiff had sought as additional relief an injunction against Princeton's giving notice of its plagiarism adjudication to any law school to which plaintiff had applied. |
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http://www.rbs2.com/plag.htm
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| | Story: Judge Denies Bristol Motion for Preliminary Injunction, 1/6/99. |
| | Microsoft contends that Bristol is trying to use claims of antitrust law violation to obtain a court order that essentially writes a license contract that Bristol could not obtain through arms length negotiations, and which would give it a competitive advantage over its rival, Mainsoft. | | | She wrote that "this court finds that Bristol has not made a clear showing of likelihood of success on any of its monopolization claims which is required for the issuance of the preliminary injunction sought in this case." | | | Bristol also filed a motion for a preliminary injunction, seeking immediate access to NT source code. |
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http://www.techlawjournal.com/atr/19990107.htm
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| | [No title] |
| | Finally, the Court concludes that the preliminary injunction will not cause substantial harm to others, but rather will serve the public interest, because it will protect the free expression of the millions of Internet users both within and outside of the State of Michigan. | | | They have requested this Court issue a preliminary injunction to enjoin the amendments to the statute. |
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http://www.cyberspace.org/lawsuit/injunction.html
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| | Sun Microsystems - Lawsuit |
| | Preliminary Injunction Ruling - PDF (~1.95MB) - December 23, 2002 | | | Appellate Court Opinion re: Preliminary Injunctions - PDF (~ 140KB) - June 26, 2003 | | | Please note, this document is not the official order. |
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http://www.sun.com/lawsuit
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| | Cyberspace v. Engler |
| | Arguments for the plaintiffs were presented by attorney Andrew A. Nickelhoff of the Detroit firm of Sachs, Waldman, O'Hare, Helveston, Bogas and McIntosh, P.C. On July 29, 1999, Judge Tarnow granted a preliminary injunction, preventing the Act from being enforced until further legal action was taken. | | | This was written as a statement of our case for use in the "Request for Preliminary Injunction," but was not included in the final version. | | | Ruling of the 6th Circuit Court on the appeal of the preliminary injunction. |
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http://www.cyberspace.org/lawsuit
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| | WIPO Domain Name Decision: D2000-0996 |
| | In addition, the Complainant submits that a federal court has issued a preliminary injunction against the Respondent in a suit brought against him under the Anticybersquatting Consumer Protection Act, 15 U.S.C.A. § 1125(d). | | | The Complainant further submitted that in Shields, the Court granted a preliminary injunction against the Respondent and found that he registers confusingly similar domain names with a bad faith intent to profit from other entities’ trademarks. | | | The Court noted that "since our entry of the preliminary injunction, Zuccarini has registered hundreds of misspellings of the names of celebrities. |
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http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0996.html
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| | EFF: Court Overturns Ban on Posting DVD Descrambling Code, Finding a Free-Speech Violation |
| | The California Supreme Court last year ruled that a preliminary injunction restraining publication of a computer program could only be constitutionally justified in very narrow circumstances and sent the case back to the California Court of Appeal for the Sixth Appellate District, which issued today's ruling, to decide whether the injunction against Mr. | | | The Court held that the injunction therefore violated Bunner's constitutional free-speech rights. | | | "We are thrilled that the Appeal Court recognized that the injunction restricting Andrew Bunner's freedom of speech was not justified," said Electronic Frontier Foundation (EFF) Staff Attorney Gwen Hinze. |
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http://www.eff.org/IP/Video/DVDCCA_case/20040227_eff_pr.php
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| | Padberg Preliminary Injunction Decision |
| | The standards for obtaining a preliminary injunction are well established: a party must show (1) irreparable harm, and (2) either a likelihood of success on the merits of his claims, or else, sufficiently serious questions going to the merits to make them fair grounds for litigation, with the balance of hardships tipped in his favor. | | | Yet even in the face of undoubted irreparable harm, the Court will not issue a preliminary injunction unless Padberg makes some showing on the merits of his case. | | | For the foregoing reasons, this Court denies plaintiffs' motion for a temporary restraining order and preliminary injunction. |
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http://www.dackman.homestead.com/files/PadbergPI.HTM
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| | Attorney: More disclosure will end GPL case Tech News on ZDNet |
| | According to the court's preliminary injunction, if Sitecom doesn't comply with the GPL, it might have to pay a fine of 5 euros to 250,000 euros for each product shipped, Jaeger said. | | | In April, a three-judge panel granted him a preliminary victory the case; the first time, according to legal experts, that a widely used open-source license called the General Public License has been enforced. | | | In the letter, the Sitecom lawyers also asked for more time to deal with the overall issue, he added. |
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http://zdnet.com.com/2100-1104-5198886.html
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| | ACLU v. Reno II Preliminary Injunction Memorandum and Order (2/1/99) |
| | While the parties and the Court considered consolidating the preliminary injunction hearing with a trial on the merits, the Court, upon due consideration of the arguments of the parties, ultimately decided that it would proceed only on the motion for preliminary injunction. | | | Despite the Court's personal regret that this preliminary injunction will delay once again the careful protection of our children, I without hesitation acknowledge the duty imposed on the Court and the greater good such duty serves. | | | Based on all the evidence admitted at the preliminary injunction hearing, the Court makes the following findings of fact. |
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http://www.epic.org/free_speech/copa/pi_decision.html
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| | ICANN Order Granting Injunction --Register.com, Inc. v. Verio Inc. 8 December 2000 |
| | The purpose of a preliminary injunction is to keep the parties, while the suit is pending, as much as possible in the respective positions they occupied when the suit began and to preserve the Court's ability to render a meaningful decision after a trial on the merits. | | | Register.com relies on claims under Section 43 (a) of the Lanham Act, 15 U.S.C. § 1125(a); the Computer Fraud and Abuse Act of 1986, 18 U.S.C. § 1030, as amended; as well as trespass to chattels and breach of contract under the common law of the State of New York. | | | The granting of a preliminary injunction is within the equitable discretion of the trial judge. |
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http://www.icann.org/registrars/register.com-verio/order-08dec00.htm
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| | Triumphant Lindows Inc CEO Tells Microsoft: "Compete in the Marketplace, Not the Courtroom" (LinuxWorld) |
| | Microsoft then filed a second request for a preliminary injunction in Amsterdam stating that Lindows was continuing to infringe on their trademark based on small print use of the trade name. | | | Lindows, Inc. CEO Michael Robertson has commented on last week's decision in a Dutch court in favor of Lindows, Inc. on all counts and ordering Microsoft to pay Lindows 944 Euros in the case that was MS's second attempt for a preliminary injunction against Lindows on trademark infringement allegations. | | | Currently no products are being sold under the Lindows or Linspire name into the Netherlands and the term "Lindows" is not used on the Web site except as required for corporate and copyright identification purposes. |
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http://www.linuxworld.com/story/45065.htm
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| | MPAA DVD Press Releases |
| | Hence, even assuming that preliminary injunctions that affect expression even incidentally to the regulation of other action should be granted only on the clearest showing after an adversary hearing and where the party enjoined may promptly obtain a final determination on the merits, those requirements have been satisfied here. | | | For the foregoing reasons, the Court granted plaintiffs' motion for a preliminary injunction and entered such an order on January 20, 2000. | | | Superior Court, 339 U.S. (injunction against picketing to secure compliance with demand that store adopt race-based hiring policy on ground that it contravenes state policy against involuntary employment on racial lines); Pittsburgh Press Co. v. |
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http://www.mpaa.org/Press/Reimerdes_Memorandum_Opinion.htm
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| | COMMUNICATIONS DECENCY ACT PRELIMINARY INJUNCTION |
| | In support of their motion for a preliminary injunction, plaintiffs "must establish irreparable injury, and either (a) a likelihood of success on the merits, or (b) a sufficiently serious question going to the merits, with a balance of hardships tipping in favor of the party requesting a preliminary injunction." Tunick v. | | | Accordingly plaintiffs' motion for a preliminary injunction should be granted. | | | As will be seen in the succeeding sections of this memorandum, plaintiffs have established a clear likelihood of success on the merits of this action, and thus the requested injunction should be granted. |
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http://www.ncsfreedom.org/library/cda.htm
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| | Preliminary Injunction |
| | This action is before the Court on plaintiffs' motion for preliminary injunction and defendants' motion to dismiss. | | | For all of these reasons, the Court concludes that plaintiffs are likely to succeed on their claim that the act is void for vagueness, overbroad, and not narrowly tailored to promote a compelling state interest. |
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http://www.efga.org/hb1630/preliminary_injunction.html
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| | MySQL, Progress talk settlement; injunction issued |
| | MySQL had asked the judge to issue a preliminary injunction that would have barred Progress, and its subsidiary NuSphere, from using MySQL's trademarks in their products and from distributing any software that included MySQL's self-titled database program. | | | The case is seen by many as the first test of the GNU General Public License (GPL), the license under which most free and open-source software is distributed. | | | U.S. FEDERAL DISTRICT Judge Patti B. Saris issued a preliminary injunction on the lesser of two issues under consideration late last week, after MySQL and Progress Software failed to come to the out-of-court settlement she urged in their lawsuit. |
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http://www.infoworld.com/articles/hn/xml/02/03/05/020305hnmysqlprogress.xml
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| | Preliminary Injunction |
| | The third requirement is that the moving party must show that the issuance of the preliminary injunction is not adverse to the public interest. | | | The first requirement for an injunction is that the moving party must prove that it will suffer irreparable harm if the injunction is not granted. | | | The second requirement for an injunction is that the moving party must show that the threatened injury to the moving party will outweigh any injury to the opposing party. |
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http://www.geocities.com/muneer78/pi.htm
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| | Sega Enterprises Ltd. v. MAPHIA |
| | A court may order a permanent injunction "to prevent or restrain infringement of [the owner's] copyright." 17 U.S.C. Generally, a showing of copyright infringement liability and the threat of future violations is sufficient to warrant permanent injunction. | | | When judgment is entered in this case, the preliminary injunction presently in place will be entered as a permanent injunction. | | | The Copyright Act, 17 U.S.C. §504, provides that the copyright holder may elect either actual damages or statutory damages as a remedy for copyright infringement. |
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http://www.loundy.com/CASES/Sega_v_MAPHIA2.html
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