Webadviso et al v. Bank of America Corporation et al, No. 1:2009cv05769 - Document 30 (S.D.N.Y. 2009)

Court Description: MEMORANDUM DECISION: As I ruled on the record on July 15, 2009, defendants' motion for a preliminary injunction is granted. Yung, Webadviso, and their agents and representatives are enjoined from using the domain names "bofaml.com" and "mlbofa.com" and any iterations thereof during the pendency of this lawsuit. In addition, ownership of the two domain names shall remain with Bank of America at least during the pendency of this case. From the record before the Court, it w ould appear that Yung has not asserted a viable claim in his complaint and that he does not have a viable defense to defendants' counterclaims. At the July 15th hearing, defendants stated that they did not need any discovery and expressed a desi re to reach the merits quickly. Moreover, in their papers on the preliminary injunction motion, defendants laid out their arguments. Under all the circumstances, plaintiff is hereby ORDERED to show cause, in writing, on or before January 12, 2010, wh y summary judgment should not be granted against him, dismissing his complaint and awarding defendants the relief requested in their answer and counterclaims. In his opposition papers, Yung must provide whatever evidence and arguments he has to suppo rt his claims and to oppose defendants' counterclaims, and he must identify any genuine issues of material fact that he believes warrant a trial. If he takes the position that discovery is necessary, he must identify what evidence he seeks and explain how that evidence would be relevant. If Yung fails to respond on a timely basis, I will decide the question of summary judgment without his input. (Signed by Judge Denny Chin on 12/31/2009) (rw) Modified on 1/4/2010 (rw).

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