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1
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ORDER GRANTING PRELIM INJUNCTION
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EXTRACTED KEY WORDS
LISTINGS DEFENDANTS COURT YACHT IYC PROTECTION MLS WEBSITE COMPILATION INJUNCTION FACTS BROKERS ARGUE COPYRIGHT INFRINGEMENT EXPRESSIONS PRELIMINARY INJUNCTION COPYING BRADFORD LICENSE TIERNEY SELECTION COMPLAINT ALLEGES PUBLICATIONS ARRANGEMENT FEATURES MATERIALS COORDINATION STANDARD |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 02-60772-CIV-DIMITROULEAS
BUC INTERNATIONAL CORP., Magistrate Judge Seltzer
Plaintiff,
vs.
INTERNATIONAL YACHT COUNCIL LIMITED,
BARBARA TIERNEY, MLS SOLUTIONS, INC.,
WILLIAM PAZOS, FLORIDA YACHT BROKERS
ASSOCIATION, INC., and BRADFORD YACHT SALES, INC.,
Defendants.
_______________________________________________________/
ORDER GRANTING IN PART MOTION FOR PRELIMINARY INJUNCTION
THIS CAUSE is before the Court upon Plaintiff's Motion for Preliminary
Injunction [DE 10]. The Court has carefully considered the motion, response, reply, affidavits,
deposition testimony, as well as the arguments presented at a hearing held before the undersigned
on July 1, 2002, and is otherwise fully advised in the premises. The Court gave the parties until
Wednesday morning, July 3, 2002 to attempt to resolve their differences and notify the Court if a
settlement is reached. No such notification was made, and the Court now proceeds to enter its
ruling.
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2
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EXHIBITS M-N
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EXTRACTED KEY WORDS
STATEROOMS HEAD ENGINE VESSEL GUEST WATER STORAGE GALLEY SHOWER AFT SALON TEAK BERTHS CREW CUSTOM COMPOSITE EXHIBIT CREW ACCOMMODATIONS POWDER ROOM CIRCULAR PIANO BAR PIANO BAR LOUNGE CHART ROOM ELECTRICAL SYSTEM CIRCULAR PIANO FIRE CONTROL SYSTEM PRIOR SALE YACHT BROKER ASSOCIATION VHF RADIO BEAUTIFUL CIRCULAR PIANO STARBOARD |
COMPOSITE
EXHIBIT "M"
COMPOSITE EXHIBIT "M-IA"
Page 1 of 4
-,-
Yacht Search Res&s / Yacht Information / Yacht I&&
I
,Yacht Details
1
IlkBRAD- 174
Imt i 130'0" (39.6 m)
Year I 1987
Builder 1 PALATKA
Type I with cockpit
5
s.com
-- .----,
. . _-_--...
Yii; Saw Download
Brochure
r-- .I.?- _"._ .---.-:-
Accdmmodations
e 3 guest heads. Crew accommodations include 4 berths, 2 heads and 2 showers.
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3
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EXHIBITS A-K
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EXTRACTED KEY WORDS
LISTINGS YACHT VESSEL SALES MEMBERS COUNCIL BROKERS FYBA EXHIBIT L8THLC WORK CLVE DATABASE BLVD IHC LICENSEE LAW PURCHASE FLORIDA IYC INDUSTRY YACHT BROKERAGE MANAGER WEB TOOL DAILY UPDATES CHARTER PROVIDER CPU STAFF COCKTAIL PARTY PROVISIONS COMMITTEE |
EXHIBIT "A"
' .
*t4m&d by C.O. per authority
INED BY FORM
c nversation with M,B. Chesal on March 25, 2002
0
~~pecld r&f g&ted under
RRESPONDENCE
COF'YRtGHT
~
I DO NOT WRITE ABOVE THIS LINE. IF YOU
EPARATE CONTINUATION SHEET.
blorl
Ihi,
r-.
MN 1 Added l8Thlc Work Clve n brkl. general stawment of
and In whth mpyrlght Is clainwl V
daily updates to database with new, updstcd and
b
d
name and address ID which
!x writ. Namr/Addr~zlAprlCily/Srrlr/ZlP v b
. Biscayne Blvd., 17th Floor
i FL33131
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4
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EXHIBIT L
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EXTRACTED KEY WORDS
AIR CONDITIONER YACHT ENGINE STATEROOM GUEST STATEROOM STARBOARD PORT SHOWER STORAGE DRAWERS BUC DECK SPEEDS OWNER HEATER EQUIPMENT FUEL TANK PRE-OWNED VESSEL COMPOSITE EXHIBIT SPEED INDICATOR INFORMATIONAL PURPOSES COPYRIGHT BUC SMOKE ALARM FRESH WATER YACHT BROKER ENTERTAINMENT MARINE AIR AIR NAVIGATION CLOTHES WASHER |
COMPOSITE EXHIBIT `L"
~ COMPOSITE EXHIBIT `L-IA"
Loa / 48' (14.6 m)
Year I1990
Eullder I OCEAN D
Model i Sport f isherm tan
0"
Type I Express
er head Eabinets & Bomar Hatch wl cover.
Guest Stateroom
Thursda J , May l&2002
Amids $ 0 Port: Arnidship Starboard
Twin berth l Upper and
Locker l carpeting
Head I Air conditioner
Heater
Shower
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5
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COMPLAINT
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EXTRACTED KEY WORDS
BUCNET BUCNET SERVICE DEFENDANT CASSEL BROWARD FINANCIALCENTRC BUC MLS SOLUTIONS BLVD LAUDERDALE DADE SUITE BRADFORD IYC YACHT BROKERS FLORIDA TIEMEY PLAINTIFF CERTIFICATES VESSEL LISTINGS YACHT BROKERS ASSOCIATION FYBA LICENSE AGREEMENT INFRINGEMENT FORT LAUDERDALE VESSEL LISTING DATABASE INTERNATIONAL YACHT COUNCIL MULTIPLE LISTING SERVICE COURT DEEMS PROPER COPYING VESSEL LISTINGS INFRINGING |
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
BUC INTERNATIONAL CORP., a Florida
corporation,
Plaintiff,
VS.
INTERNATIONAL YACHT COUNCIL LIMITED,
a foreign corporation, BARBARA TIERNBY,
an individual, MLS SOLUTIONS, INC.,
a Florida corporation, WILLIAM PAZOS,
an individual, FLORIDA YACHT
BROKERS ASSOCIATION, INC., a
Florida corporation, and BRADFORD YACHT
SALES, INC., a Florida corporation.
Defendants.
Plaintiff, BUC International Corp. ("BUC" or "Plaintiff),
ration, sues
Defendants, International Yacht Council Limited, a foreign corporation (,`IYC"), Barbara
Tiemey, an individual ("Tiemey"), MLS Solutions ("MLS Solutions"), a Delaware corporation,
William Pazos ("Pazos"), an individual, Florida Yacht Brokers Association, Inc. ("FYBA"),
Florida corporation, and Bradford Yacht Sales, Inc. ("Bradford"),
ida corporation
(collectively "Defendants"), and alleges:
Nature of the Action
This action arises from the Defendants' unauthorized use of the BUCNET Service
copying of BUC's proprietary marine vessel database and listings from the BUCNET
which has served as the industry's leading electronic multiple listing service since its
BROAD and CASSEL
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