Quokka Sports, Inc. v. Cup Intern. Ltd.
Opinion
Opinion
Jensen, J.
SUPPLEMENTAL ORDER
On December 8, 1999, the Court heard argument on plaintiffs motion for a temporary restraining order (TRO). Terry Gross appeared on behalf of plaintiff; there was no appearance for defendants. Neil Smith appeared on behalf of Network Solutions, Inc. (NSI), although NSI was dismissed as a defendant just prior to the hearing. On December 9, 1999, the Court granted plaintiffs request for a TRO and set a schedule for the preliminary injunction hearing. This supplemental order provides a more detailed explanation of the Court’s reasoning in support of the December 8,1999 Order.
I. BACKGROUND
A. Factual Background and Procedural History
The essence of plaintiffs complaint is one of trademark infringement based on defendants’ registration and use of the domain- name americascup.com. Plaintiff claims to have the exclusive rights to operate the official website connected with the sailing event known as the America’s Cup. Plaintiff currently operates a website at americascup.org. The First Amended Complaint (hereafter, Complaint) has eight claims: (1) trademark infringement, 15 U.S.C. § 1114 (1); (2) unfair competition and false designation of origin, 15 U.S.C. § 1125…