Seescandy.Com
Columbia Insurance v. Seescandy.Com
Opinion
lead Opinion
Jensen, J.
ORDER
On February 22, 1999, plaintiff Columbia Insurance Company filed an motion for a temporary restraining order and an order to show cause why a preliminary injunction should not issue. On March 4,1999, plaintiff withdrew the motion with respect to defendants the Web Service Provider, Sidney Trayham, and Peter Jackson. The Court hereby denies the motion without prejudice to refiling and orders plaintiff to submit a brief with the Court within 14 days addressing the issue of whether the Court should authorize discovery to establish defendant’s identity sufficiently such that he may be served in compliance with the Federal Rules of Civil Procedure.
I. BACKGROUND
A. Factualr-Background and Procedural History
On February 22, 1999, plaintiff Columbia Insurance Company (“Columbia”) filed this action seeking injunctive relief, damages, and an accounting of profits. Columbia is the assignee of various trademarks related to the operation of See’s Candy Shops, Inc. (“See’s”). See’s is the predecessor in interest to the trademarks at issue in this ease and holds a license from Columbia to use the marks.