Oracle Corp. v. Light Reading, Inc.

OPINION AND ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

I. BACKGROUND

Plaintiff Oracle Corporation, maker of database software, moved for a preliminary injunction against defendant Light Reading’s use of the trademarks. “Optica-lOracle” and “WirelessOracle” for on-line newsletters, asserting claims for trademark infringement and dilution. Defendant opposed the motion and moved to strike the declarations of Philip Johnson and Itamar Simonson in support of plaintiffs motion. Plaintiff replied.

On November 12, 2002, this Court held a hearing on the motion and indicated its intention to issue a tailored preliminary injunction, rather than a complete ban as requested by plaintiff. On November 13, 2002, the Court ordered the parties to meet and confer and submit proposed language for the preliminary injunction to the Court in conformity with the guidance provided by the Court at the hearing. On November 19, 2002, the parties submitted proposed orders on the preliminary injunction. The Court has considered all admissible evidence and arguments.

II. DISCUSSION

A. Trademark Infringement

For the reasons stated at the .hearing and set forth briefly in this…