Rudy A. Englund, WSBA No. 04123

Brian J. Meenaghan, WSBA No. 28264

LANE POWELL PC

1420 Fifth Ave., Suite 4100

Seattle, WA 98101

Telephone: (206) 223-7000

Facsimile: (206) 223-7107

Attorneys for Plaintiff

Hon. Ronald B. Leighton

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

BEST WESTERN INTERNATIONAL, INC.,

an Arizona non-profit corporation,

Plaintiff,

vs.

RICHARD KUMAR, a resident of the state of

Washington, JANE DOE KUMAR, and the

marital community composed thereof,

Defendants.

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NO. CV5-5816-RBL

STIPULATION AND TEMPORARY

RESTRAINING ORDER AND ORDER

TO SHOW CAUSE

I. STIPULATION

WHEREAS Plaintiff Best Western International, Inc. (“Best Western”) represents that it

owns trademarks, trade names, service marks, and collective membership marks registered with

the United States Patent and Trademark Office (the “Best Western Marks”);

WHEREAS Defendant Richard Kumar (“Kumar”) owns the Aladdin Motor Inn located in

Olympia, Washington (the “Hotel”);

AND WHEREAS Best Western brought this action against Kumar and his marital

community to enforce its rights in the Best Western Marks, requesting monetary and injunctive

relief specified in the Prayer for Relief in the Verified Complaint for Federal Trademark

Infringement, False Designation of Origin, Federal trademark Dilution, Breach of Contract, Open

Account, Post-Termination Use of Trademarks, Unfair Competition, State Trademark Dilution,

and Common Law Trademark Infringement (the “Complaint”);

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STIPULATION AND TEMPORARY RESTRAINING

ORDER AND ORDER TO SHOW CAUSE - 2

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100

SEATTLE, WA 98101

(206) 223-7000

Best Western and Kumar hereby enter into this Stipulation and Temporary Restraining

Order and Order to Show Cause (“Stipulation and Order”), and stipulate as follows:

1. Upon the entry of this Stipulation and Order, and subject to the conditions of

Paragraph 2 herein, Kumar and any person or entity acting at his direction or on his behalf or in

concert with Kumar, including any officer, agent, representative, and/or employee of Kumar,

is/are enjoined and restrained from, and shall cease and desist from:

(a) using the Best Western Marks, any colorable imitation thereof, or any other

confusingly similar marks;

(b) displaying, authorizing, licensing or assisting or facilitating any other person’s or

entity’s use or display of the Best Western Marks or any colorable imitation thereof;

(c) using anything consisting of or incorporating any one or more words, letters, designs

or devices that contain any component of the Best Western Marks, or which singly or together are

similar in spelling, sound, appearance, or in any other manner to the Best Western Marks;

(d) applying for, pursuing, or owning any applications or registrations, including without

limitation any domain names, business names, corporate names, trade names, trademarks, service

marks or d/b/as that contain any component of the Best Western Marks, any colorable imitation

thereof, or any confusingly similar marks; and

(e) using any Best Western Marks, any colorable imitation thereof, or any other

confusingly similar marks anywhere on the Internet or elsewhere, including without limitation

any use on or with any websites, domain names, metatags, key words, banner ads, or search

engines.

2. Within fifteen (15) days of entry of this Stipulation and Order, Kumar shall

remove, or modify to avoid infringing upon any Best Western Marks, all curvi-linear “roof”

features bordering or included on any Best Western signs, sign cabinets, and sign frames on

display at the Hotel or otherwise under the control of Kumar. Within eighteen (18) days of entry

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STIPULATION AND TEMPORARY RESTRAINING

ORDER AND ORDER TO SHOW CAUSE - 3

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100

SEATTLE, WA 98101

(206) 223-7000

of this Stipulation and Order, Kumar shall deliver a signed writing to counsel for Best Western

warranting that he has complied with this Paragraph 2.

3. Within fifteen (15) days of entry of this Stipulation and Order, Kumar shall deliver

a signed writing to counsel for Best Western warranting that no rooms or common areas inside

the Hotel display any Best Western Marks, and that he is otherwise in compliance with Paragraph

1 of this Stipulation and Order.

4. Kumar shall show cause before this Court on the first date that the Court is

available, but not less than fifteen nor more than twenty days following entry of this Stipulation

and Order, why a Preliminary Injunction should or should not issue according to the terms and

conditions set forth above. This Order shall remain in full force and effect until the Court has

considered and ruled upon Best Western’s Motion for Preliminary Injunction. No bond or

security is required to be posted by Best Western prior to the Court’s ruling upon Best Western’s

Motion for Preliminary Injunction.

DATED this 5th day of January, 2006.

LANE POWELL PC

BySignature on Original

 Rudy A. Englund, WSBA No. 04123

 Brian J. Meenaghan, WSBA No. 28264

Attorneys for Plaintiff

Best Western International, Inc.

SMITH ALLING LANE PC

By Signature on Original

 Robert L. Michaels, WSBA No. 14752

Attorneys for Defendants

Richard and Jane Doe Kumar

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STIPULATION AND TEMPORARY RESTRAINING

ORDER AND ORDER TO SHOW CAUSE - 4

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100

SEATTLE, WA 98101

(206) 223-7000

II. ORDER

The parties having stipulated to the above terms in this matter; and the Court being fully

advised in the premises; NOW, THEREFORE, IT IS SO ORDERED.

IT IS FURTHER ORDERED that Defendant Kumar shall show cause in writing before

this Court on January 26, why a Preliminary Injunction should not issue according to the terms

and conditions requested by Plaintiff Best Western. The Court will schedule oral argument at

a later date if it is appropriate under the circumstances. 

SO ORDERED this 6th day of January, 2006

ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Presented by:

LANE POWELL PC

By Signature on Original

 Rudy A. Englund, WSBA No. 04123

 Brian J. Meenaghan, WSBA No. 28264

Attorneys for Plaintiff

Best Western International, Inc.

LANE POWELL PC

1420 Fifth Avenue, Suite 4100

Seattle, WA 98101

Telephone: (206) 223-7000

Facsimile: (206) 223-7107

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ORDER AND ORDER TO SHOW CAUSE - 5

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100

SEATTLE, WA 98101

(206) 223-7000

SMITH ALLING LANE PC

By Signature on Original

 Robert L. Michaels, WSBA No. 14752

Attorneys for Defendants

Richard and Jane Doe Kumar

SMITH ALLING LANE PC

1102 Broadway Plaza, #403

Tacoma, WA 98402

Telephone: (253) 627-1091

Facsimile: (253) 627-0123

Case 3:05-cv-05816-RBL Document 14 Filed 01/06/06 Page 5 of 5