IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 06cv1594EWNPAC
GIANT MERCHANDISING,
Plaintiff,
v.
JOHN DOES 1100, individuals,
JANE DOES 1100, individuals, and
XYZ COMPANY, business entity form unknown,
Defendants.
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TEMPORARY RESTRAINING ORDER
_____________________________________________________________________
Blackburn, J.
This matter is before me on the Plaintiff’s Ex Parte Application for: A
Temporary Restraining Order; Seizure Order; and an Order to Show Cause re:
Preliminary Injunction [#2], filed August 11, 2006. The motion is granted in part and
denied in part.
In determining whether a temporary restraining order should issue, I have
judicially noticed all relevant adjudicative facts in the file and record pro tanto, and I
have considered the reasons stated, arguments advanced, and authorities cited by the
plaintiff in its papers.
JURISDICTION
This case arises under 15 U.S.C. §§ 1114(b) and 1125(a), parts of the Lanham
Trademark Act. I have jurisdiction over this matter under 15 U.S.C. § 1121 and 28
Case 1:06-cv-01595-REB Document 10 Filed 08/14/2006 Page 1 of 8
Giant Merchandising v. Does et al
Doc. 10
Dockets.Justia.com
2
U.S.C. § 1338(a) and (b). This case was assigned by random draw to the Honorable
Edward W. Nottingham, who indicated that he was not available to consider the
plaintiff’s request for immediate relief. I have been assigned a very similar case, 06cv
1595 REBMEH, in which similar relief is requested. I am available to consider the
plaintiff’s requests for immediate relief in both cases, and, thus, resolve the plaintiff’s
motion for temporary restraining order on behalf of this court.
SUMMARY OF FACTUAL ALLEGATIONS
The following factual summary is taken from the plaintiff’s complaint and brief in
support of its motion for temporary restraining order. The plaintiff is engaged in the
manufacture, distribution, and sale of various merc