IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Wiley Y. Daniel
Civil Action No. 06cv00814WYDPAC
RE/MAX INTERNATIONAL, INC., a Colorado corporation,
Plaintiff(s),
v.
INCOME STRATEGIES INSTITUTE, INC., a Utah corporation; and
SIDNEY B. SPERRY, an individual,
Defendant(s).
ORDER GRANTING PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING
ORDER AND/OR PRELIMINARY INJUNCTION
The Court, having considered the Plaintiffs’ Motion for Temporary Restraining Order
and/or Preliminary Injunction, filed on April 27, 2006, finds that:
(1)
Plaintiff RE/MAX International, Inc. (“RE/MAX”) has shown a substantial
likelihood of success on the merits of its claims for trademark infringement and unfair
competition under federal law and the common law of the State of Colorado, and violation
of the Colorado Consumer Protection Act.
(2)
RE/MAX has demonstrated irreparable injury to its goodwill and reputation,
and injury to its name and trademark as a result of Defendants’ conduct in using the
RE/MAX trademark without authorization and in trading off the fame, goodwill, and
favorable reputation associated with the RE/MAX trademark. RE/MAX has also
demonstrated evidence of actual confusion as a result of Defendants’ use of the RE/MAX
Case 1:06-cv-00814-WYD-PAC Document 9 Filed 05/01/2006 Page 1 of 4
RE/MAX International, Inc. v. Income Strategies Institute, Inc. et al
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trademark.
(3)
RE/MAX has demonstrated that the threatened injury to it outweighs the
injury to the Defendants, as the preliminary injunction does not in any way impair
Defendants’ ability to continue to conduct their seminars and offer their goods and services
to the public.
(4)
Issuance of an injunction would not be adverse to the public interest, as the
evidence shows that the public is experiencing confusion and deception as to Defendants’
misrepresentations that they are affiliated with, connected with, or sponsored by RE/MAX,
all as a result of Defendants’ u