Interplay Entertainment Corp. v. Topware Interactive, Inc.

Good Law

751 F. Supp. 2d 1132·2010 WL 4570224·2010 U.S. Dist. LEXIS 122484

United States District Court, Central District of CaliforniaNovember 2, 2010Case No.: CV 10-7168-DMG (JCGx)California2,704 words

Opinion

Gee, J.

ORDER GRANTING PRELIMINARY INJUNCTION

This matter is before the Court on Plaintiffs Ex Parte Application for Temporary Restraining Order (“TRO”) and Order to Show Cause re Preliminary Injunction (“Ex Parte Application”). For the reasons set forth below, the Motion for Preliminary Injunction is GRANTED.

I. PROCEDURAL BACKGROUND

On September 24, 2010, Plaintiff Interplay Entertainment (“Interplay”) filed a complaint against Defendant TopWare Interactive, Inc. (“TopWare”) and Doe defendants 1 through 10, asserting causes of action for trademark infringement under the Lanham Act, 15 U.S.C. § 1114 , and unfair competition under California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. Interplay filed the Ex Parte Application on October 4, 2010. On October 7, 2010, the Court granted Interplay’s Ex Parte Application and issued the TRO, which became effective upon Interplay’s posting a corporate security bond in the amount of $15,000. Interplay served TopWare with the TRO on October 8, 2010. Interplay obtained the required bond and filed it on October 13, 2010.

On October 21, 2010, the Court held a hearing on its Order to Show Cause Why a Preliminary Injunction…

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