PHILIP L. GIACALONE, an individual,
NETWORK SOLUTIONS, INC., a District of Columbia corporation, and TY, INC., a Delaware corporation,
June 13, 1996
JUDGE: ROBERT P. AGUILAR
The Motion of Plaintiff for a Preminary Injunction to enjoin and restrain Defendant TY, INC., during the pendency of this action, form the commission of certain acts, came on regularly before me for hearing pursuant to an Order to Show Cause entered on June 3, 1996. G. GERVAISE DAVIS III, of DAVIS & SCHROEDER, appeared as counsel for Plaintiff, and Janet L. Cullum, of Cooley, Godward, Castro, Huddleson & Tatum, appeared as counsel for the Defendant TY, INC. The court being fully advised and good cause appearing:
IT IS HEREBY ORDERED that a Preliminary Injunction be granted as prayed for in the motion, to the following effect:
Defendant TY, INC and its agents and employees and all other persons acting in concert with it are hereby enjoined, during the pendency of this action, from interfering in any way with Plaintiff GIACALONE's right to use the Internet domain name "ty.com" , pending final judgment on the issues raised in Plaintiff's Complaint. Defendant TY, INC. is required to take any and all steps necessary to see that Plaintiff's right to use the domain name "ty.com" is undisturbed and not suspended or interfered with in any way, due to the past, present or future efforts of the Defendant TY in contacting third parties and seeking suspension of Plaintiff's right to use the name by alleging trademark infringement claims.
This Order shall not take effect until Plaintiff files a written undertaking in the amount of $100.00 to indemnify Defendant TY, INC. for any damages Defendant TY, INC. may sustain if the Court finally determines that the Plaintiff is not entitled to the injunction.
DATED: June 14, 1996.
Robert P. Aguilar
U.S. DISTRICT COURT JUDGE
Attorneys for Plaintiff PHILIP L. GIACALONE