TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION

This cause has been presented to the Court, upon the motion of Plaintiff Playboy Enterprises, Inc. (“PEI”), seeking a Temporary Restraining Order, and an Order To Show Cause why this Court should not preliminarily enjoin Defendants during the pendency of this action from infringing PEI’s trademarks on Defendants’ Internet World Wide Web site.

PEI’s motion is supported by a Complaint; a Memorandum of Points and Authorities; the Declaration of Michelle A. Kaiser, Staff Attorney of PEI; and the Declaration of Maryann Hayes, outside intellectual property counsel to PEI.

This Court having given full consideration to all of PEI’s papers and the relevant authorities, and in accordance with Federal Rule of Civil Procedure 65(b),

IT IS HEREBY ORDERED AND ADJUDGED as follows:

1. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1332.

2. This Court has personal jurisdiction over Defendants by virtue of their California citizenship and tortious acts within this Judicial District.

3. PEI owns Federal Trademark Reg. No. 721,987 for the mark PLAYMATE, several Federal Trademark Reg. Nos. _ for the mark PLAYBOY, and other registrations for the marks PLAYMATE and PLAYBOY.

4. Defendants have used the mark PLAYMATE as part of their domain name on the Internet and used the marks PLAYMATE and PLAYBOY within the Internet Web pages offered at the site www.playmatelive.com, all without PEI’s authority.

5. Plaintiff PEI has demonstrated a sufficient (i) likelihood of success on the merits of its trademark infringement, unfair competition and dilution claims, (ii) irreparable harm if it is not granted a temporary restraining order pending hearing on its motion for a preliminary injunction (iii) the balance of hardships tipping in its favor, (iv) and the absence of any public interest factors militating against the interim relief sought in its application, to merit and constitute good cause for the issuance of a Temporary Restraining Order as more particularly described herein.

6. The Court finds that Plaintiff PEI is likely to succeed on the merits' in proving inter alia trademark infringement, unfair competition, including a false designation of origin and false representation, in defendants’ use of the domain name “playmatelive.com”, the use of the name Playmate Live Magazine which include plaintiffs PLAYMATE registered trademark, and the use of the PLAYBOY trademark in machine readable code in defendants’ Internet Web page, so that the PLAYBOY trademark is accessible to individuals or Internet search engines which, attempt to access plaintiff under plaintiffs PLAYBOY registered trademark. IT IS THEREFORE FURTHER ORDERED that:

1.Defendants, their officers, agents, servants, employees, attorneys, parents, subsidiaries and related companies having notice of this Order by personal service, electronic mail, or otherwise, and all persons acting for, with, by, through or under them, and each of them, shall be immediately temporarily enjoined and restrained from: