Case No. 96 CVD 694, Division 5






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:

  1. The allegations set forth in Clue Computing's VERIFIED COMPLAINT are incorporated hereinto by reference.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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:

  1. immediately issue a temporary order restraining NSI from disconnecting the Internet domain name clue.com until further order of this Court; and
  2. 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.

Philip L. Dubois, #10769
Philip L. Dubois, P.C.
Lawyer for Clue Computing, Inc.
2305 Broadway
Boulder, CO 80304-4106
fax 303-444-1051
email dubois@dubois.com