IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLI
CHARLOTTE DIVISION eee.

SIMPSON PERFORMANCE PRODUCTS,
INC. and SFI FOUNDATION, INC.
Plaintiffs,

v.
ROBERT C, WAGONER and

DEREK RANDALL CATHCART
Defendants.

FEB 19 2015

US, DISHRECT COURT
WESTERN DISTRICT OF RC

[PROPOSED] ORDER
Jury Trial Nemanded
Civil Case No.
St 1Sev Ab“ PAU

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR
TEMPORARY RESTRAINING ORDER, PRELIMINARY
INJUNCTION AND EXPEDITED DISCOVERY

THIS MATTER having come before the Court on Plaintiffs’ Motion For Temporary

Restraining Order (TRO), Preliminary Injunction and Expedited Discovery (“Motion”), and

having reviewed the papers and documents filed in support of and in opposition to (if any) the

Motion, and being fully advised, the Court finds that Plaintiffs are likely to succeed on the merits

of at least their Trademark (Lanham) Act claims; that Plaintiffs will suffer irreparable harm in

the absence of injunctive relief; that the balance of hardships tips in favor of the Plaintiffs; and

that the public interest will be served by an injunction.

ORDER ~ Page | of 5


Accordingly, the Plaintiffs are entitled to preliminary injunctive relief pursuant to Federal
Rules of Civil Procedure 65, 15 U.S.C. 1116(a), and the inherent equitable powers of this Court, i

and Plaintiffs are hereby GRANTED:

(i) a temporary restraining order (TRO) prohibiting each Defendant from selling counterfeit head
and neck restraints bearing Plaintiffs’ trademarks in violation of the Trademark (Lanham) Act,

|
and from altering the status quo of inventory and records, documents and things relating to the |

counterfeit head and neck restraints; and

(ii) a hearing for a preliminary injunction enjoining each Defendant from continuing to offer for
sale or sell, distribute and/or advertise counterfeit head and neck restraints bearing Plaintiffs’

trademarks in violation of the Trademark (Lanham) Act; and
(iii) expedited discovery relating to the counterfeit head and neck restraints, namely:

(1) the extent of Defendants’ sales of Counterfeit Head and Neck Restraints;

(2) the identity and location of any source(s) of the Counterfeit Head and Neck Restraints;

(3) the identity and location of any purchasers of the Counterfeit Head and Neck Restraints;
and

(4) the extent and location of any inventory of the Counterfeit Head and Neck Restraints.

Expedited discovery shall begin immediately following the Court’s issuance of this
ORDER, and responses to all reasonable discovery requests shall be made within ten (10)
calendar days of service of such requests, and all depositions shall be scheduled within ten (10)

calendar days of notice of such deposition.

ORDER - Page 2 of 5


This TRO shall to take effect immediately and will expire fourteen (14) days from the

issuance of this ORDER, OR

a
- This TRO shall remain in full force and effect. pending a hearing on Plaintiffs’ Motion
A
For Preliminary Injunction on _! Ware , 2015, unless sooner modified or
dissolved.
Bond in this case is waived because
OR

v This TRO is conditioned on Plaintiffs filing a surety bond in the amount of $_9 000 =

and in a form approved by the Court within — 9 days of the issuance of this ORDER. The

bond shall serve as security for all claims with respect to the Preliminary Injunction, and any

additional injunctive relief ordered by the Court in this action.

A hearing on Plaintiffs’ Motion For Preliminary Injunction is set for Marcu _Z >

2015, at _\1e30 a) pp,
The TRO is entered as of Fe. 14 2015, at 4.00 Pad (p.m)

th
This ORDER is entered and DATED this [7 day of__Fe hewe(} 2015, at_ ‘Tt _ fam]

© DAs dtlee

Honorable:

United States District Court Judge
Western District of North Carolina

ORDER - Page 3 of 5