Sadleir

Order GRANTING Plaintiffs. Application for a Preliminary Injunction

Debra Plato Deputy Clerk

On April 14, 2010, the Court granted Plaintiffs ex parte application requesting a Temporary Restraining Order (“TRO”) enjoining Defendant Concrete Solutions, Inc. from transferring or selling the domain name to any third party pending resolution of the claim filed against Defendants for cyberpiracy under 15 U.S.C. § 1125 (d). Subsequently, the parties briefed Plaintiffs further request for a preliminary injunction, appearing before the court on April 22, 2010 for oral argument on the matter. For the reasons noted below, the Court GRANTS Plaintiffs request for a preliminary injunction enjoining Defendant Concrete Solutions, Inc. from transferring or selling the domain name to any third party pending resolution of the claims raised in this action.

I. FACTUAL BACKGROUND

Plaintiff Super-Krete International, Inc. is a California corporation specializing in the sale of products for the repair and restoration of existing concrete. (Holwitz Dec. ¶ 3.) Plaintiff owns federal trademark registrations for the marks “Super-Crete,” “Super-Krete,” and “Super-Krete…