Letzer

ORDER GRANTING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

This matter is before the Court on Plaintiffs motion for a preliminary injunction. For the reasons- that follow, the Court grants Plaintiffs motion.

FACTUAL AND PROCEDURAL BACKGROUND

Garden of Life, Inc. (“Plaintiff’) is a “health and wellness” company that sells whole food nutritional supplements and disseminates publications about health, nutrition, fitness and diet. Plaintiff was incorporated in Florida in May 2000 by Jordan Rubin, the author of the holistic health book and New York Times bestseller “The Maker’s Diet.” Plaintiff sells its nutritional supplements primarily at health foods stores, in mail-order catalogues, through health care practitioners, through authorized internet distributors and on its own website, vnvw.gardenoflifeusa.com. Plaintiff launched this website on May 4, 2001.

Plaintiff owns several trademarks related to its name, including the “Garden of Life” mark for dietary food supplements (registered on January 29, 2002), the “Garden of Life” logo and words for dietary food supplements (registered on April 29, 2003), and the “Garden of Life Extra Virgin Coconut Oil” mark (registered on…