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16-083 - Tempur Sealy International, Inc. et al v. WonderGel, LLC et al


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16-083 - Tempur Sealy International, Inc. et al v. WonderGel, LLC et al
April 1, 2016
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MEMORANDUM OPINION & ORDER: the court finds that granting the relief requested will not harm others as it is very limited in scope & Purple will still be able to advertise its product; the court is persuaded that a temporary restraining order/preliminary injunction is appropriate under these circumstances. Signed by Judge Joseph M. Hood on 4/1/16.(KJR)cc: COR
April 11, 2016
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MEMORANDUM OPINION & ORDER: DENYING dfts' 42 MOTION to Stay re 41 Memorandum Opinion & Order, MOTION for Extension of Time & 43 MOTION to Clarify. Signed by Judge Joseph M. Hood on 4/11/16.(KJR)cc: COR
April 18, 2016
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MEMORANDUM OPINION & ORDER: (1) DENYING IN PART & REMAINING PENDING IN PART pla's 51 Motion for Contempt; (2) pls shall file further papers in support of their motion by 5:00 PM on 4/19/16; (3) that dft WonderGEL shall file further papers in support of its objections by 5:00 PM on 4/20/16; (4) that plas shall file any further reply in support of its motion by 5:00 PM on 4/21/16, at which time this matter shall stand submitted; (5) that WonderGel shall resubmit a copy of the Goldilocks II video (UNDER SEAL) in a format readily readable on the court's equipment by 5:00 PM 4/21/16; in order to determine which forms are advisable, counsel should contact the court's Automation Dept; (6) that the court in its equitable discretion & recognizing that this Order may hinder Defendant WonderGels e-commerce marketing platform, requires Plaintiffs to post a $100,000 security pursuant to Fed. R. Civ. P. 65(c) (Bond); court concludes that the previously posted bond isadequate in order to eliminate that concern and that no further security is required; (7) that WonderGel shall immediately discontinue & direct third-parties over whom they may exercise control to discontinue the advertisement known as Goldilocks II including anywhere it appears on the Internet & refrain from any advertising that references or relies upon Goldilocks II or the advertising claims at issue in the Goldilocks II video including in any & all publications, commercial social media accounts, or other traditional oronline marketing venues, pending further order of the Court. Signed by Judge Joseph M. Hood on 4/18/16.(KJR)cc: COR,Automation Dept