@BStrauss3 said:
Go ahead and read the TRO that i posted the link to above and understand the restrictions were AGREED to by the plaintiff and defendant!!!
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto that:
The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation. Accordingly, Defendant is hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or under further order of the Court:
a. Using any reproduction, counterfeit, copy or colorable imitation of NGC's trademarks (collectively, the “NGC Marks”) to identify any goods not authorized by NGC;
b. Engaging in any course of conduct likely to cause confusion, deception or mistake, or to injure NGC's business reputation;
c. Using a false description or representation including words, symbols, or artwork tending falsely to describe or represent Defendant's unauthorized goods as being those of NGC or sponsored by or associated with NGC and from offering such goods into commerce;
d. Further infringing the NGC Marks by distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting, displaying or otherwise disposing of any products not authorized by NGC bearing any simulation, reproduction, counterfeit, copy or colorable imitation of the NGC Marks;
e. Using any simulation, reproduction, counterfeit, copy or colorable imitation of the NGC Marks in connection with the promotion, advertisement, display, sale, offering for sale, circulation or distribution of any unauthorized products in such fashion as to relate or connect, or tend to relate or connect, such products in any way to NGC, or to any goods sold, manufactured, sponsored or approved by, or connected with NGC;
f. Making any statement or representation whatsoever, or using any false designation of origin or false description, or performing any act, which can or is likely to lead the trade or public, or individual members thereof, to believe that any products distributed, or sold by Defendant are in any manner associated or connected with NGC, or are sold, manufactured, licensed, sponsored, approved or authorized by NGC;
g. Secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books, records, or other documents that contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products that infringe the NGC Marks; and
h. Effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in subparagraphs (a) through (h).
Now remember, the defendant hasn't admitted doing any of this, so agreeing not to do more of it is not the home run it might sound like at first. There's nothing that prevents him from selling NGC coins as long as the slabs aren't tampered with, for example.
Yeah. The home run is not that, as part of litigation, they are getting the accused to agree to not break the law going forward. The home run is that NGC is taking the time, and expending the necessary resources, to go after an individual, hard, as a warning to everyone else in order to protect the value of their business, and of their customers' slabs.
It's a big deal because many businesses don't do it, due to the time, hassle, expense and uncertain outcome.
Comments
No matter what, Mr. Albright appears to be in deep do do.
I would rather join with an army of sheep led by a lion, than an army of lions led by sheep.
Yeah. The home run is not that, as part of litigation, they are getting the accused to agree to not break the law going forward. The home run is that NGC is taking the time, and expending the necessary resources, to go after an individual, hard, as a warning to everyone else in order to protect the value of their business, and of their customers' slabs.
It's a big deal because many businesses don't do it, due to the time, hassle, expense and uncertain outcome.
I thought it not only unfair but also perhaps a bit self-serving in fact. Ebay and GC are not apples/apples venues.
RIP Mom- 1932-2012
NGC Wins Justice with Coin Tampering Settlement
https://www.ngccoin.com/news/article/11938/