DISTRICT COURT, BOULDER COUNTY, COLORADO
Case No. 96 CVD 694, Division 5
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MOTION FOR TEMPORARY RESTRAINING ORDER
AND PRELIMINARY INJUNCTION
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CLUE COMPUTING, INC., Plaintiff,
v.
NETWORK SOLUTIONS, INC., Defendant.
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Plaintiff Clue Computing, Inc. (hereinafter referred-to for convenience
as Clue Computing), through counsel and pursuant to C.R.C.P. 65,
moves the Court to issue a temporary restraining order enjoining
Defendant Network Solutions, Inc. (hereinafter referred-to for
convenience as NSI), and Defendant's attorneys, officers, agents,
servants, employees and any and all other persons in active concert
or participation with them, from disconnecting Clue Computing's
Internet address known as "clue.com." Clue Computing
also requests a preliminary injunction. Clue Computing has commenced
this action by filing the accompanying Verified Complaint. Therefore,
the Court has jurisdiction. The grounds in support of this motion
are as follows:
- The allegations set forth in Clue Computing's VERIFIED COMPLAINT
are incorporated hereinto by reference.
- As more fully described in the Verified Complaint, NSI is
a private company which holds the contract from the National Science
Foundation for registration of Internet domain names. The Internet
is an international network of computing systems which allows
communication and the transaction of business through inter-computer
communications. Clue Computing is a user of the Internet and
has an electronic "address" on that system which includes
a "domain name" of "clue.com". This address
allows Clue Computing and Clue Computing's customers to communicate
and do business.
- NSI threatens to deprive Clue Computing of its Internet business
address on or about 14 June 1996 and thus make it extremely difficult
for Clue Computing and its customers to continue to do business
after that date. This threat has already had a chilling effect
on Clue Computing's business; Clue Computing cannot promise its
customers and potential customers a stable domain through which
to do business. Clue Computing's customers themselves have customers
and potential customers who use Clue Computing's Internet address,
and not all such customers are or can be known to Clue Computing;
it will therefore be impossible for Clue Computing to notify everyone
who is dependent upon its Internet address that this address is
about to be terminated. Further, Clue Computing's marketing program
has made it known to potential customers that they can contact
Clue Computing through the clue.com address.
- If its Internet address is cut off, Clue Computing will become
inaccessible to many potential customers, will be unable to meet
its contractual commitments to those customers who conduct their
businesses through that address, and will have to expend substantial
time and expense in generally dealing with a change of address.
Clue Computing will thus suffer irreparable injury, loss, and
damage unless the threatened action of defendant to cut off Clue
Computing's Internet address is enjoined by this Court. Clue
Computing has no adequate remedy at law.
- The granting of a temporary restraining order, with or without
a response from NSI, will not cause any prejudice or injury to
NSI. The requested relief is simply the preservation of the status
quo. The Court is not asked to order NSI to do anything;
it is only asked to order NSI to refrain from doing something
that it should not do in the first place. No expense or other
damage will be incurred by NSI when it is ordered not to disconnect
Clue Computing's address. NSI is under no contractual or other
obligation to any other party to disconnect this address.
- This action is the fourth such action brought against NSI
nationwide. In at least the first two of these other cases, preliminary
injunctions were requested, and NSI agreed with the plaintiffs
that the domain names would not be de-activated until the issues
could be resolved at trial; this agreement permitted the plaintiffs
to withdraw their preliminary-injunction motions. The third case
was filed only very recently in California, and counsel has not
yet learned whether a similar agreement has been reached in that
case.
- In its public statements, NSI purports that it is neutral
in "disputes" involving domain names, that its policy
regarding domain-name disputes is designed to keep the company
out of the business of dispute-resolution, and that it will obey
court orders concerning these matters. While the first two of
these assertions are doubtful, they are nevertheless NSI's own,
and they all suggest that NSI has no reason to contest the entry
of a restraining order and the subsequent entry of a preliminary
injunction. It is worth noting that there is no "dispute"
involving Clue Computing's domain name except the one created
by NSI itself.
- This motion is supported by the verified complaint and the
affidavit and attorney's certification required by C.R.C.P. 65(b),
all of which are incorporated hereinto by reference.
WHEREFORE, Clue Computing asks that this Court:
- immediately issue a temporary order restraining NSI from disconnecting
the Internet domain name clue.com until further order of this
Court; and
- conduct a hearing and thereafter issue a preliminary injunction
enjoining NSI from disconnecting the Internet domain name clue.com
until the issues raised by Clue Computing's VERIFIED COMPLAINT
can be fully tried.
Respectfully submitted this 12th day of June, 1996.
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Philip L. Dubois, #10769
Philip L. Dubois, P.C.
Lawyer for Clue Computing, Inc.
2305 Broadway
Boulder, CO 80304-4106
303-444-3885
fax 303-444-1051
email dubois@dubois.com