IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
CREATIVE LABS, INC., a California corporation, and CREATIVE
TECHNOLOGY LTD., a Singapore corporation,
CYRIX CORPORATION, a Delaware corporation, TIGER DIRECT,
INC., a Delaware corporation, and COMPAQ COMPUTER
CORPORATION, a Delaware Corporation.
No. C 97-0912 CW
ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY
INJUNCTION AGAINST COPYRIGHT INFRINGEMENT AND FALSE
ADVERTISING AND DENYING THEIR EX PARTE APPLICATION
FOR AN ORDER TO SHOW CAUSE
Plaintiffs Creative Labs and Creative Technology (collectively "Creative") move for a
preliminary injunction against Defendants Cyrix Corporation and Tiger Direct, Inc.
("Tiger") for copyright infringement and false advertising. Defendants oppose the
motion. The matter was heard on May 2, 1997. On May 2, 1997, Creative also filed an ex
parte application for an order to show cause re contempt. Having considered all of the
papers filed by the parties and oral argument on the motion, the Court GRANTS the
motion for a preliminary injunction and DENIES the ex parte application for an order to
Plaintiff Creative is the maker of the Sound Blaster line of sound cards, devices that
interact with computer hardware and software to create sound effects. Sounds Blaster is
currently the dominant sound card on the market. Defendant Cyrix has recently
introduced a microprocessor, the Media GX, which is capable of producing audio effects
without the assistance of a sound card. The audio component of the Media GX is referred
to as XpressAUDIO.
Cyrix has advertised XpressAUDIO as "compatible with Sound Blaster" and as "fully
compatible with Sound Blaster." Liu Decl., Exs. 2-3. Tiger, a computer manufacturer
which plans to introduce a line of computers that use the Media GX, claims that its
products feature "integrated SoundBlaster 16/Pro compatible audio." Liu Decl., Ex. 6.
Compaq uses the Media GX is one of its computers the Presario