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08-227 - Aerisa, Inc. v. Plasma-Air International et al


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08-227 - Aerisa, Inc. v. Plasma-Air International et al
December 11, 2008
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ORDER denying Dfts' 32 Motion to Compel Mediation and Arbitration. Signed by Judge Neil V Wake on 12/11/08.(DNH)
December 11, 2008
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FINDINGS OF FACT AND CONCLUSIONS OF LAW, PRELIMINARY INJUNCTION: Defendant Plasma-Air International, Terry A. Busskohl, and Clifford Miller, their officers, directors, agents, servants, attorneys, employees, privies, successors, licensees and assigns, and all persons holding for or through them, or acting in concert with them, are hereby preliminarily enjoined from: (a) Removing Aerisa's name (or the name of any of Aerisa's predecessors in interest) from test reports for Aerisa's products and inserting the name Plasma-Air thereby falsely representing that the test reports are for Plasma-Air's products; (b) Using testimonials on Plasma-Air's website (or elsewhere) that are actually for Aerisa's products and falsely representing that they are for Plasma-Air's products; and (c) Stating or implying on Plasma- Air's website (or anywhere else) that Plasma-Air is the worldwide successor to the Bentax Technology. FURTHER ORDERED that no bond is required for this Preliminary Injunction. Signed by Judge Neil V Wake on 12/11/08. (DNH)