Specifically, the TRO provides:
THEREFORE, IT IS HEREBY ORDERED THAT, pending a full trial on the merits:
A. Defendant, defendant’s agents, servants, employees and/or all persons acting in concert or participation with defendant are prohibited from copying, manipulating, adapting, reproducing, uploading, distributing, sharing, selling or displaying any of plaintiff’s Copyrighted Broadcasts and are prohibited from copying, manipulating, adapting, reproducing, uploading, distributing, sharing, selling or displaying UFC 118 in any manner;
B. Defendant, defendant’s respective officers, agents, servants, employees and/or all persons acting in concert or participation with defendant, are prohibited from using the UFC® Marks or confusingly similar variations thereof, alone or in combination with any other letters, words, letter strings, phrases or designs, in commerce or in connection with any business or for any purpose whatsoever (including, but not limited to, on websites, in domain names, in hidden text and metatags); and
C. A nominal bond of $100 shall be required because the evidence indicates that Defendant will only suffer, if at all, minimal damage by the issuance of this temporary restraining order and injunction.Thus, under the terms of the TRO defendant is prohibited from streaming UFC 118 and using the UFC mark.
Notably, the Court did not go for Zuffa's additional requested relief, i.e ordering that "[t]he domain name registrar, GoDaddy.com, Inc., is ordered to take possession of <hq-streams.com> and ensure that it is not accessible to Internet uers [sic] until the Court rules on Plaintiff’s motion for preliminary injunction;"
Obviously this proposed relief would have put the defendant's site out of commission completely without affording defendant an opportunity to be heard. This would have been a drastic remedy especially considering that defendant's site, as alleged, is not solely devoted to streaming UFC events.
The Court has set a hearing for the preliminary injunction motion for September 3, 2010 at 10 a.m.
Fight Lawyer
