Plaintiff founded, owns and operates two businesses involved in promoting, organizing and conducting singles events in the New York metropolitan area. Plaintiff contends that defendants have willfully violated the terms of the order, and now seeks an order of civil and criminal contempt against defendants, as well as a temporary restraining order restraining them from competing with plaintiff for one year. Defendants oppose the motion, arguing first that the motion for a criminal contempt citation contains a fatal jurisdictional defect, and must denied.
Defendants are correct.
No service was made individually upon either defendant. This contention, however, is without merit. Here, in contrast, plaintiff commenced this action for a preliminary injunction restraining defendants from utilizing plaintiff's confidential customer lists and proprietary methodologies for identifying customers on the Internet. Plaintiff contends that an order of civil contempt should be imposed because defendants have willfully disobeyed the order granting the preliminary injunction. Plaintiff presents evidence that defendants have continued to violate this aspect of the Court's order.