IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

UNITED STATES CELLULAR 

CORPORATION, 

 Plaintiff, 

 v. 

HOTLINE WIRELESS & MORE, INC. 

 Defendant. 

Case No. 1:12-cv-05017 

[PROPOSED] 

TEMPORARY RESTRAINING ORDER

This cause coming to be heard on the motion of Plaintiff United States Cellular 

Corporation (“U.S. Cellular”), the Court having reviewed and considered U.S. Cellular’s 

Complaint, Motion For Temporary Restraining Order, Memorandum in Support of the Motion, 

and the declarations of Stephen Fitzell and Timothy Murphy, and having heard the arguments of 

counsel, pursuant to Federal Rules of Civil Procedure 52(a) and 65(d), it is hereby ordered as 

follows: 

1. U.S. Cellular possesses the exclusive right to use the U.S. Cellular trademark 

which is registered on the principal Register of the United States Patent and Trademark Office, 

registration No. 2,650,943. 

2. U.S. Cellular is a corporation organized and existing under the laws of the state of 

Delaware with its principal place of business in Chicago, IL. 

3. U.S. Cellular has invested substantial time, effort, and resources in promoting and 

marketing its services under and in connection with its trademark. By virtue of the foregoing, 

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and U.S. Cellular’s continuous and extensive use of its trademark in connection with its goods 

and services, the trademark has developed considerable customer recognition and the public has 

come to identify the mark with U.S. Cellular wireless service and stores. Furthermore, U.S. 

Cellular’s trademark has acquired distinctiveness and secondary meaning and U.S. Cellular now 

owns considerable and valuable goodwill in the U.S. Cellular trademark. 

4. Defendant Hotline Wireless is an Illinois corporation with its principal place of 

business at 3938 W. Roosevelt Road, Chicago, IL 60624. 

5. Hotline Wireless has displayed U.S. Cellular’s trademark on and near its 

storefront without the authority of U.S. Cellular to do so. Hotline Wireless has refused to 

discontinue its unauthorized use of the U.S. Cellular mark. 

6. U.S. Cellular will likely succeed on the merits of its claims for trademark 

infringement and false designation of origin. 

7. U.S. Cellular will suffer immediate and irreparable injury for which there is no 

adequate remedy at law unless Hotline Wireless, its officers, agents, servants, employees, 

attorneys, and those persons acting in concert or participation or privity with them are enjoined 

by the Court from further unauthorized use of U.S. Cellular’s mark, in that such acts by Hotline 

Wireless will cause confusion about the source of its merchandise and its affiliation with U.S. 

Cellular and will harm the good will and reputation of U.S. Cellular. 

8. The harm to U.S. Cellular if its motion is denied would far outweigh any harm to 

Hotline Wireless if the motion is granted, given that Hotline Wireless has no legitimate interest 

in the use of U.S. Cellular’s trademark. 

9. The public interest will be served by granting U.S. Cellular’s Motion For 

Temporary Restraining Order. 

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Given the foregoing findings and conclusions, the Court determines that U.S. Cellular has 

satisfied all the requirements for the issuance of a temporary restraining order and HEREBY 

ORDERS AS FOLLOWS: 

a. Hotline Wireless and its officers, agents, servants, employees, attorneys, and 

those persons acting in concert or participation or privity with them are hereby enjoined and 

restrained, for a period of ten days from the date and time hereof, from advertising, promoting, 

distributing, displaying, or using U.S. Cellular’s trademark or confusingly similar marks or 

otherwise representing that they are an authorized U.S. Cellular agent or affiliated with U.S. 

Cellular in any way. 

b. This cause is set for hearing on U.S. Cellular’s request for a preliminary 

injunction on July _____, 2012. 

IT IS SO ORDERED. 

Dated: June ___, 2012 

ENTER: 

United States District Judge 

UNITED STATES CELLULAR 

CORPORATION 

Richard J. O’Brien 

Robert D. Leighton 

SIDLEY AUSTIN LLP 

One South Dearborn Street 

Chicago, Illinois 60603 

Telephone: (312) 853-7000 

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CERTIFICATE OF SERVICE

Robert D. Leighton, an attorney, hereby certifies that he effected service by placing the 

foregoing document with a special process server for hand delivery and mailing a copy of the 

same via First Class Mail to: 

Hotline Wireless & More, Inc. 

c/o Amer Hijazi, Registered Agent and President 

3938 W. Roosevelt Road 

Chicago, IL 60624 

On this 25th day of June, 2012. 

/s/ Robert D. Leighton 

Robert D. Leighton 

CH1 6903190 

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