Dmarcian, Inc. v. DMARC Advisor BV

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:21-cv-00067-MR
DMARCIAN, INC., )
)
Plaintiff, )
)
vs. ) AMENDED
) PRELIMINARY INJUNCTION
DMARCIAN EUROPE BV, )
)
Defendant. )
________________________________ )
THIS MATTER is before the Court sua sponte.
The Court has entered an Order contemporaneously herewith which
grants the Defendant’s request to modify the Preliminary Injunction Order
entered in this matter on May 26, 2021. Consistent with that Order, the Court
hereby enters the following Amended Preliminary Injunction Order.
IT IS, THEREFORE, ORDERED that the Defendant, its officers,
agents, servants, employees, attorneys, affiliates, and those persons in
active concert or participation with the Defendant are HEREBY ENJOINED
from:
(1) providing services to any customers located outside of Europe,
Africa, or Russia, except for the six customers detailed in the
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Defendant’s Brief on Proposed Voluntary Commitments [Doc. 32 at 4
n.3];
(2) providing access to any of its websites to IP addresses from
countries outside of Europe, Africa, or Russia. The Defendant shall
inform website visitors from outside of those areas that it does not
create new accounts in that region and shall direct those customers to
contact dmarcian, Inc. for services through the Plaintiff’s website
https://dmarcian.com;
(3) making changes to the copyrighted software except as specifically
and expressly allowed or directed by this Order;
(4) using the Plaintiff’s trademark in any manner unless such use is
accompanied by a statement which reads: “This trademark is the
trademark of dmarcian, Inc. This website is produced and generated
and posted by dmarcian Europe BV, which is a different entity from
dmarcian, Inc. This trademark is being used at this location without
the permission of dmarcian, Inc. and only pursuant to the terms of a
court order allowing its temporary use during litigation between
dmarcian, Inc. and dmarcian Europe BV.” That statement must be at
least the size of the trademark itself, as presented, or 12-point type
when displayed on a 24” computer screen, whichever is larger. Such
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statement must appear immediately adjacent to the location where the
trademark appears, and must be shown at each location where the
trademark appears, whether that be on the Defendant’s website, in
printed material, an electronic display, or otherwise;
(5) displaying any website with the “dmarcian” name unless that
website includes a statement that “The dmarcian software was
originally developed by dmarcian, Inc. This is not the website of
dmarcian, Inc. The website of dmarcian, Inc. can be found at
https://dmarcian.com.” That statement must be displayed as a banner
at the top of each page of the website on which the dmarcian name
appears and must be of a size that is at least 12-point type when
displayed on a 24” computer screen, and the reference to the website
of the Plaintiff must be a link to that website;
(6) redirecting, encouraging, or allowing any customer to change its
payment recipient from the Plaintiff to the Defendant. To the extent
that the current service provider for any customer is different from the
payment recipient for that customer, the party providing services to that
customer is prohibited from unilaterally terminating or otherwise
altering those services without the express permission from the Court;
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(7) making any public statement about dmarcian, Inc. except as
expressly allowed or directed herein; and
IT IS FURTHER ORDERED that the Defendant shall provide to the
Court (under seal) copies of all documents sufficient to show all income
received by the Defendant and the sources thereof, all expenditures made
by the Defendant and the payors thereof, and all net income generated by
the Defendant’s business efforts from the date of this Order until the
conclusion of this action.
IT IS FURTHER ORDERED that no further bond is required in
conjunction with the entry of this Amended Preliminary Injunction, the
Plaintiff already having posted a bond in the amount of $25,000.
IT IS SO ORDERED.
Signed: August 11, 2021
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