Case Document 53 Filed 06/01/15 Page 1 of 2



 
    

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,EanrnenrcAtLY FILED
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 
     

 

 

 

 

Arista Records LLC, et 

Plaintiffs,
701 (AJN)

PRELIMINARY INJUNCTION
Vita Tkach, er a1. 

Defendants.

 

 

ALISON J. NATHAN, District Judge:

On May 21, 2015, Dkt. N0. 33, the Court informed the parties that if Defendants failed to
submit answering papers on the order to show cause by May 29, 2015, or otherwise failed to
indicate a willingness to participate in this litigation, the Court would grant the request for a
preliminary injunction and would adjourn the preliminary injunction hearing scheduled for June
3, 2015. In response to the Court?s Order dated June 1, 2015, Dkt. No. 51, Plaintiffs clarified
that they filed proof of service of the Court?s May 21 Order in the form of the Declaration of
Alison I. Stein dated May 28, 2015, see Dkt. Nos. 52, 41. Therefore, in light of the Defendants?
failure to submit answering papers or otherwise indicate a willingness to participate in this
litigation:

IT IS HEREBY ORDERED that the preliminary injunction hearing scheduled for June 3,
2015 is adjourned;

IT IS FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 65, Section 34
of the Lanharn Act, the All Writs Act, and this Court?s inherent equitable powers, that
Defendants, their of?cers, agents, servants, employees, confederates, and any persons in active
concert or participation with them, including but not limited to domain name registrars, domain

name registries, and Internet service providers are preliminarily enjoined from:

Case Document 53 Filed 06/01/15 Page 2 of 2

1. Using the Grooveshark Marks1 in any manner in connection with the advertising,
offering for sale, or sale of any service or product, not provided by or authorized
by Plaintiff UMG.

2. Committing any acts calculated to cause consumers to believe that the Counterfeit
Service or any other use of the Grooveshark Marks is offered under the control
and supervision of Plaintiff UMG or sponsored or approved by, or connected
with, or guaranteed by, or produced under the control and supervision of Plaintiff


3. infringing any of the Grooveshark Marks and damaging Plaintiff 

goodwill;
4. Otherwise competing unfairly with Plaintiff UMG in any manner; or
5. Using, linking to, transferring, selling, exercising control over, or otherwise

owning the domain names grooveshark.io or groovesharkpw or any other domain
name that incorporates, in whole or in part, any of Grooveshark Marks (the
?Infringing Domain Names?).
6. Directly or secondarily infringing Plaintiffs? copyrighted sound recordings via the
Counterfeit Service or any variations thereof.
Plaintiffs shall serve a copy of this Order on Defendants and shall file via ECF proof of service
of the Order on or before Wednesday, June 3, 2015.

SO ORDERED.

Dated: June ,2015

New York, New York

 

  

United States District Judge

 

De?ned terms in this Order shali have the meaning contained in the Coult?s Order dated May 13, 2015,
Dkt. No. 18.