Gamemasters

ORDER GRANTING PLAINTIFF’S REQUEST FOR PRELIMINARY INJUNCTION

1. This civil action is brought by Sony Computer Entertainment America Inc., against Michael and Carol Chaddon, d.b.a. GameMasters, Inc., for trademark and copyright infringement, contributory trademark and contributory copyright infringement, violation of the Digital Millennium Copyright Act, and state and federal unfair competition laws.

2. This matter is now before the Court on plaintiffs motion for a preliminary injunction. Based upon the eviden-tiary record, the parties’ moving papers, and arguments of counsel, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

I. Procedural Posture

3. In January 1999, SCEA learned that Defendants were selling allegedly counterfeit accessories for SCEA’s PlayStation video game. An SCEA employee, Jerry Jessop, purchased an allegedly counterfeit PlayStation memory card, video game controller, and a device known as the “Game Enhancer” from the GameMaster’s store in San Leandro on January 17, 1999. After some analysis, SCEA concluded that the peripheral items were counterfeit. Plaintiff has attached copies of the packaging of both products as exhibits. (Jessop Decl. Ex. B).

4. On June…