Ticketmaster L.L.C. v. RMG Technologies, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Pending before the Court is Plaintiff Ticketmaster LLC’s Motion for Preliminary Injunction (“Motion”), filed on August 27, 2007. Defendant RMG Technologies, Inc. (“Defendant” or “RMG”) opposed on September 17, 2007, and Plaintiff replied on September 24, 2007. On October 5, 2007, Plaintiff submitted a Court-ordered supplemental declaration of Kevin McLain, and Defendant submitted a supplemental declaration of Cipriano Garibay on October 9, 2007. The hearing on this matter was held on October 15, 2007. Upon consideration of the parties’ submissions, arguments of counsel, and the case file, the Court hereby GRANTS the Motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

In this action, Plaintiff Ticketmaster (“Plaintiff’ or “Ticketmaster”) alleges that Defendant RMG has developed and marketed automated devices ' to access and navigate through Ticketmaster’s website, thereby infringing Plaintiffs copyrights and violating the website’s Terms of Use and a number of federal and state statutes.

Plaintiff Ticketmaster sells tickets for entertainment and sports events on behalf of its clients to the general public through a variety…