IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-CV-2327-WJM-MEH 

AVAYA, INC., a Delaware corporation, 

 Plaintiff, 

v. 

UNITED PACIFIC (USA) CORP., a New York corporation, 

 Defendant. 

 

STIPULATED PRELIMINARY INJUNCTION 

 

The parties hereto, Plaintiff Avaya, Inc. (“Avaya” or “Plaintiff”) and 

Defendant United Pacific (USA) Corp. (“UP” or “Defendant”), by their respective 

attorneys and pursuant to Fed. R. Civ. P. 65, hereby stipulate and agree to the 

following preliminary injunction and related orders: 

PENDING final determination in this action, Defendant United Pacific 

(USA) Corp. and its representatives, servants and agents, employees, officers, 

directors, partners, attorneys, and all other persons under their control or who are 

in active concert or participation with them, 

 (A) ARE HEREBY RESTRAINED AND ENJOINED FROM: 

(1) advertising, selling, offering for sale, marketing, distributing, selling, 

exposing, shipping, mailing, listing, taking orders for, promoting, buying, ordering, 

exhibiting, destroying, or in any manner disposing of products or aiding in any 

way the advertising, selling, offering for sale, marketing, distributing, selling, 

exposing, shipping, mailing, listing, taking orders for, promoting, buying, ordering, 

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exhibiting, destroying, or in any manner disposing of counterfeit Avaya product or 

Imitation Avaya Product,1 and from marketing, advertising, or promoting the sale 

of counterfeit Avaya product or Imitation Avaya Product in any way; 

(2) producing, manufacturing, reproducing, or aiding in any way the 

producing, manufacturing, assembling, or reproducing of any counterfeit Avaya 

product or Imitation Avaya Product; and 

(3) destroying, removing, overwriting, transferring possession of, deleting, 

selling, hiding, secreting, or otherwise disposing of any evidence (tangible, 

documentary, or otherwise), including counterfeit Avaya product or Imitation 

Avaya Product, related to Avaya, its name or the claims and facts involved in this 

action. 

 (B) ARE HEREBY ORDERED TO immediately deliver to Plaintiff for 

inspection, copying, and seizure (if counterfeit), ten Model TN2305B Circuit 

Packs, six Model TN224CP Circuit Packs, one Model 6424 digital telephone unit, 

and ten Model 6408 digital telephone units2 found during the search and seizure 

conducted on September 14 to 16, 2011, at Defendant’s headquarters at One 

Cross Island Plaza, Suite 229B, Rosedale, NY 11422 by shipping same via 

Federal Express or United Parcel Service to Joseph Callahan, CPP, Senior 

Manager Investigations & ESS, Avaya Corporate Security, 211 Mount Airy Road, 

Room 1E208, Basking Ridge, NJ 07920. Plaintiff will reimburse Defendant for 

 

1

 Imitation Avaya Product includes all physically tangible objects purporting to be 

but not actually manufactured, distributed or used by Avaya, including, but not 

limited to telephones, telephone switches, varistor pads, circuit packs, PCB’s 

display brackets, telephone buttons, and/or other telephone or 

telecommunications systems or components or product bearing the Avaya name 

and/or mark. 

2

 Avaya has asserted eleven Model 6408 digital telephone units were identified 

during the inspection. If an eleventh Model 6408 unit is later located by 

Defendant, it will send the unit to Avaya for inspection per the same method and 

terms identified in this Stipulated Preliminary Injunction. 

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the costs incurred in shipping said materials within fourteen days of receiving a 

statement of those costs. 

IT IS FURTHER ORDERED THAT Plaintiff’s initial security bond in the 

amount of $150,000.00 shall constitute the security required by Fed. R. Civ. P. 

65(c) unless otherwise ordered by the Court upon proper motion of either party. 

DATED this 21st day of September, 2011. 

_s/ Jesús M. Vazquez__________ s/ Christian H. Hendrickson 

Jesús M. Vazquez, Esq. Kelly K. Robinson, Esq. 

Edward A. Gleason, Esq. Christian H. Hendrickson, Esq. 

Rothgerber Johnson & Lyons LLP Kellie F. Nelson, Esq. 

One Tabor Center, Suite 3000 Sherman & Howard L.L.C. 

Denver, Colorado 80202 633 17th Street, Suite 3000 

Telephone: 303.623.9000 Denver, Colorado 80202 

 Telephone: 303.297.2900 

Attorneys for Defendant 

United Pacific (USA) Corp. Robert T. Egan, Esq. 

James Graziano, Esq. 

Christine S. Baxter, Esq. 

ARCHER & GREINER, A Professional 

 Corporation 

One Centennial Square 

Haddonfield, NJ 08033-0968 

Telephone: (856) 795-2121 

Facsimile: (856) 795-0574 

E-mail: regan@archerlaw.com 

 jgraziano@archerlaw.com 

 cbaxter@archerlaw.com 

Attorneys for Plaintiff Avaya Inc.

IT IS SO ORDERED. 

Dated: September 27, 2011 BY THE COURT: 

 

 _____________________________ 

 William J. Martinez 

 United States District Judge 

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