Hasbro, Inc. v. Internet Entertainment Group, Ltd.
United States District Court, W.D. Washington.
Feb. 9, 1996.
DWYER, U.S. District Judge
On February 5, 1996, the application of plaintiff Hasbro, Inc.
("Hasbro") for a temporary restraining order came on for hearing by the
court. Plaintiff appeared through Kenneth B. Wilson and Lisa G.
Meckfessel of the law firm of Wilson, Sonsini, Goodrich & Rosati, and
Jill D. Bowman of the law firm of Stoel Rives LLP. Defendants Internet
Entertainment Group, Ltd., Brian Cartmell and Internet Entertainment
Group, Inc. appeared through John D. Lowery and E. Russell Tarleton of
the law firm of Graham James LLP/Riddell Williams P.S. After the oral
decision was announced, the parties agreed that the ruling should be
entered on a preliminary injunction rather than merely as a temporary
Having considered all papers submitted in support of said motion and in
opposition thereto, and having heard oral argument in open court, the
court finds that:
1. Hasbro is the owner of the trademark "CANDY LAND," which has been
registered on the Principal Register of the United States Patent and
Trademark Office since 1951,
2. Hasbro has demonstrated a probability of proving that defendants
Internet Entertainment Group, Ltd., Brian Cartmell and Internet
Entertainment Group, Inc. (collectively referred to as "defendants")
have been diluting the value of Hasbro's CANDY LAND mark by using the
name CANDYLAND to identify a sexually explicit Internet site, and by
using the name string "candyland.com" as an Internet domain name which,
when typed into an Internet-connected computer, provides Internet users
with access to that site.
3. Hasbro has demonstrated a likelihood of prevailing on its claims that
defendants conduct violates the federal trademark anti-dilution statute,
15 U.S.C. s 1125(c), and the Washington State trademark anti-dilution
statute, RCW 19.77.160.
4. Hasbro has shown that defendants' use of the CANDY LAND name and the
domain name candyland.com in connection with their Internet site is
causing irreparable injury to Hasbro.
5. The probable harm to Hasbro from defendants' conduct outweighs any
inconvenience that defendants will experience if they are required to
stop using the CANDYLAND name.
6. The public interest favors entry of a preliminary injunction on the
facts of this case.
THEREFORE, IT IS HEREBY ORDERED that Hasbro's motion for preliminary
injunction is granted. Defendants Internet Entertainment Group, Ltd.,
Brian Cartmell, and Internet Entertainment Group, Inc., and their
officers, agents, servants, employees and attorneys, and those persons
in active concert and participation with defendants who receive actual
notice of this preliminary injunction, are enjoined from directly or
indirectly using the name CANDYLAND or the Internet domain name
"candyland.com," or any similar name which is likely to dilute the value
of Hasbro's CANDYLAND mark, in connection with the advertising,
operation or maintenance of any Internet site, including but not limited
to any Internet-site containing sexually explicit material or other
pornographic content. Defendants are directed to immediately make
affirmative efforts to stop, cancel or discontinue any previously
purchased advertising which refers to the name CANDY LAND or the
Internet domain name "candyland.com."
IT IS FURTHER ORDERED that defendants shall immediately remove all
content from the "candyland.com" site. However, defendants shall be
allowed to post a "referral notice" at the URL address "http:
www.candyland.com" until May 5, 1996, which shall provide the new
location of defendants' Internet site. The referral notice shall not
contain any hyperlink to defendants' new site or sites, or to any other
site. After the expiration of the 90 day referral period, defendants
must remove the referral notice and thereafter discontinue any use,
either direct or indirect, of the name domain name "candyland.com."
IT IS FURTHER ORDERED that Hasbro shall not be required to post a bond
pursuant to Federal Rule of Civil Procedure 65(c) in connection with
this preliminary injunction, as defendants expressly waived any bond
requirement relating to this order at the preliminary injunction
The clerk is directed to send copies of this order to all counsel of
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