Trademark Trial and Appeal Board Electronic Filing System. httgj/estta.usQto.gov
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`92056074
`
`Plaintiff
`
`Unique Casting Partners LLC
`JULIET ALCOBA
`ALCOBA KHULLAR PA
`3399 NW 72ND AVENUE, SUITE 211
`MIAMI, FL 33122
`UNITED STATES
`
`a|coba@miamipatents.com, ja|coba@miamipatents.com,
`george@castingpartners.com, benay@castingpartners.com,
`uniquecasting.nc@gmaiI.com
`
`Exhibit A email talking about reserving trademark but not stating use of
`trademark.pdf(252250 bytes )
`Exhibit B. email shutting down uniquecasting.pdf(188162 bytes )
`Exhibit B. whois castingpartners.net.pdf(137806 bytes)
`Exhibit B. whois uniquecasting.com.pdf(167910 bytes)
`Exhibit B. whois uniquecasting.net.pdf(136842 bytes)
`Exhibit C. email admission done no casting in nc.pdf(445111 bytes)
`Exhibit D. Arenas |njunction.pdf(224427 bytes )
`Exhibit E. emails showing knowledge of registration of domain
`names.pdf(283104 bytes )
`Exhibit F. Email get back Facebook Page.pdf(196606 bytes)
`Exhibit F. Facebook page.pdf(337701 bytes )
`Exhibit G. Notice of Dismissal results in FB giving back company
`page.pdf(92875 bytes )
`Exhibit H. unique casting, inc. date of incorporation.pdf(99973 bytes )
`Exhibit I. email from George to Kay remove films off signature page.pdf(98334
`bytes)
`Exhibit J. email asking ed for money back.pdf(189657 bytes )
`Response Opposing Motion to Dismiss 2 07.23.2013 fina|.pdf(254814 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA550099
`ESTTA Tracking number:
`07/23/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92056074
`Plaintiff
`Unique Casting Partners LLC
`JULIET ALCOBA
`ALCOBA KHULLAR PA
`3399 NW 72ND AVENUE, SUITE 211
`MIAMI, FL 33122
`UNITED STATES
`alcoba@miamipatents.com, jalcoba@miamipatents.com,
`george@castingpartners.com, benay@castingpartners.com,
`uniquecasting.nc@gmail.com
`Opposition/Response to Motion
`Juliet Alcoba
`jalcoba@miamipatents.com, alcoba@miamipatents.com
`/Juliet Alcoba/
`07/23/2013
`Exhibit A email talking about reserving trademark but not stating use of
`trademark.pdf(252250 bytes )
`Exhibit B. email shutting down uniquecasting.pdf(188162 bytes )
`Exhibit B. whois castingpartners.net.pdf(137806 bytes )
`Exhibit B. whois uniquecasting.com.pdf(167910 bytes )
`Exhibit B. whois uniquecasting.net.pdf(136842 bytes )
`Exhibit C. email admission done no casting in nc.pdf(445111 bytes )
`Exhibit D. Arenas Injunction.pdf(224427 bytes )
`Exhibit E. emails showing knowledge of registration of domain
`names.pdf(283104 bytes )
`Exhibit F. Email get back Facebook Page.pdf(196606 bytes )
`Exhibit F. Facebook page.pdf(337701 bytes )
`Exhibit G. Notice of Dismissal results in FB giving back company
`page.pdf(92875 bytes )
`Exhibit H. unique casting, inc. date of incorporation.pdf(99973 bytes )
`Exhibit I. email from George to Kay remove films off signature page.pdf(98334
`bytes )
`Exhibit J. email asking ed for money back.pdf(189657 bytes )
`Response Opposing Motion to Dismiss 2 07.23.2013 final.pdf(254814 bytes )
`
`

`
`From: Lady Kay
`Sent: Sunday, December 20, 2009 9:56 PM
`To: Ed Arenas
`Subject: Contact info Jimmy Star, Designer
`
`
`Ed,
`Contact Jimmy and ask for an appointment with him at
`
`FASHION SHOWROOMS
`1940 E Sunrise Blvd
`Ft Lauderdale FL 33304 USA
`+1 954 828 9979
`Here's the contact info and website:
`http://www.jimmystar.com/jimmystar/Contact.html
`
`
`Tell Jimmy Darryl Baldwin and Kay Duncan suggested you take a look at his designs. I don't
`know if Jimmy would be interested in designing a line of clothing for Unique Casting, but you
`must trademark before you begin telling Jimmy about your idea to merchandise clothing under
`the name Unique Casting. You do not want someone to preempt you by buying the trademark
`and then you would not be able to use it. For now I just want you to get a feel for his design
`work. Once you have had an opportunity to take a look at his designs, get back in touch with
`me.
`This is the area where you search the Trademark office to see if "Unique Casting" is
`trademarked. I have already done a trademark search for Unique Casting with the trademark
`office. It is not trademarked. Once you trademark it you will always show it as Unique
`Casting™. You will note that when you run a search at Florida Sunbiz it reads:
`
`
`
`
`
`
`
`To search for a corporation, limited partnership, limited liability company, or
`trademark,
`
`enter the name and select the 'Search Now' button.
`Once you've filed to register the name under both casting company and for tshirts, no one can
`use "Unique Casting" for a casting company or for tshirts and other garments. They have to
`change the name to read something different like "Unique Casting of Miami". I am educating
`you on this because it appears that you have had someone take over the name of Unique
`Casting in Miami in 2008 and it is still active. But you have a right to use the name anywhere
`else in the country if you have it trademarked. And if I am right you may have the right to
`demand that the "Unique Casting" that is in Miami do business under a ficticious name because
`you own the trademark. You need to check with a trademark attorney to see if my
`information is correct on demanding the company that is already registered change the use of
`
`

`
`the name. If you can prove you were using the name Unique Casting prior to this idividual
`having used the name, then you can take ownership of it through trademark. Also, this
`protects the merchandizing that I was speaking to you about. Call a trademark attorney and ask
`if this information is correct and get back to me.
`You do not need a trademark attorney to trademark it for you, I can do this for you and save
`you some money for a trademark attorney, but we do need to be sure of the question of filing
`the trademark after the guy in Miami has registered the name if you can force him to
`discontinue use of the name and file under a dba fictitious name thus giving you complete
`control of the name "Unique Casting". See what you can determine by calling a trademark
`attorney and call me.
`We'll talk soon.
`--
`Kay Duncan
`
`
`

`
`From: Joe Zapert
`Sent: Monday, May 21, 2012 9:59 AM
`To: George Grafas; Benay Sinaikin
`Subject: God damn
`
`
`Dear Joseph,
`
`
`
`We have to shutdown your website UniqueCasting.com because we got a complaint regarding
`trademark issue.A copy of the infringement complaint is listed below
`==========================================================================
`I demand that the websites www.UniqueCasting.com and
`www.UniqueCastingPartners.com be deleted immediately.
`
` I
`
` am the sole proprietor of Unique Casting® as a registered trademark.
`Registered October 19, 2010.
`UNIQUE CASTING Goods and Services IC 025. US 022 039. G & S: Wearable
`garments and clothing,
`namely, shirts. FIRST USE: 19850101. FIRST USE IN COMMERCE: 19850101
`IC 035. US 100 101 102. G & S: Employment services in the nature of talent
`casting in the fields of
`music, video, and films. FIRST USE:19850101. FIRST USE IN COMMERCE: 19850101
`Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK
`Serial Number
`77924179 Filing Date January 29, 2010 Current Basis 1A Original Filing
`Basis 1B Published for
`Opposition June 15, 2010 Registration Number 3865864 Registration Date
`October 19, 2010 Owner
`((REGISTRANT) Duncan, Kathleen DBA Unique Casting INDIVIDUAL UNITEDSTATES
`2128
`S. Main Street
`Winston-Salem
`NORTH CAROLINA 27127
`(LAST LISTED OWNER) DUNCAN, KATHLEEN DBA UNIQUE CASTING INDIVIDUALUNITED
`STATES 2128
`S.
`MAIN
`STREET WINSTON-SALEM NORTH CAROLINA 27127
`Assignment Recorded ASSIGNMENT RECORDED Disclaimer NO CLAIM IS MADE TO THE
`EXCLUSIVE
`RIGHT TO USE "CASTING" IN CLASS35 APART FROM THE MARK AS SHOWN Type of Mark
`TRADEMARK.
`SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE
`
`George Grafas has illegally commandeered the website of UniqueCasting.com.
`He is using
`www.UniqueCasting.com and www.UniqueCastingPartners.com to infringe on my
`
`

`
`trademark.
`
`Mr. Grafas has violated Securities in Maryland.
`http://www.oag.state.md.us/Securities/Actions/2008/GrafasCO_12_08.pdf
`
`He is infringing on my trademark at both websites and using both websites
`to confuse the public and
`drive the public to himself and away from the true owner of the trademark.
`He is also using both
`websites to attempt to sell franchises in NC, NY, LA and FL. He has
`violated Securities in Maryland and is
`now violating Securities in FL, NC, NY and LA. He is attempting to sell
`non-licensed securities. He is not
`licensed to sell securities.
`I demand that the websites www.UniqueCasting.com and
`www.UniqueCastingPartners.com be shutdown immediately.
`
`Grafas has been sent a letter to Cease and Desist with a deadline of
`Friday, 5/18/2012.--
`*Kay Duncan, Owner/Casting Director
`Unique Casting* ??
`*2128 S. Main Street
`Winston-Salem, NC 27127
`336-293-4174
`305-303-7900*
`http://www.uniquecasting.net
`
`
`
`Sent from my Windows Phone
`
`
`

`
`castingpartners.net
`
`Is this your domain name? Renew it now.
`
`
`
`
`Current Registrar: GODADDY.COM, LLC
`184.168.221.49 (ARIN & RIPE IP search)
`IP Address:
`clientDeleteProhibited
`Lock Status:
`
`
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`while believed by the company to be reliable, is provided "as is"
`with no guarantee or warranties regarding its accuracy. This
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`is not the registrant of domain names listed in this database.
`
`
`
` Registered through: GoDaddy.com, LLC (http://www.godaddy.com)
` Domain Name: CASTINGPARTNERS.NET
` Created on: 06-Dec-11
` Expires on: 06-Dec-13
` Last Updated on: 06-Dec-11
`
`
`
` Registrant:
` Casting Partners LLC
` 1801 West Avenue
` Miami Beach, Florida 33139
` United States
`
`
`
` Administrative Contact:
` Grafas, George ggrafas@aol.com
` Casting Partners LLC
`
`

`
` 1801 West Avenue
` Miami Beach, Florida 33139
` United States
` +1.6462635965
`
`
`
` Technical Contact:
` Grafas, George ggrafas@aol.com
` Casting Partners LLC
` 1801 West Avenue
` Miami Beach, Florida 33139
` United States
` +1.6462635965
`
`
`
` Domain servers in listed order:
` NS73.DOMAINCONTROL.COM
` NS74.DOMAINCONTROL.COM
`
`The previous information has been obtained either directly from the registrant or a registrar of
`
` the domain name other than Network Solutions. Network Solutions, therefore, does not
`guarantee its accuracy or completeness.
`
` Show underlying registry data for this record
`
`
`
`
`
`

`
`
`
`
` Registrant:
`
` Unique Casting, Inc.
`
` ATTN UNIQUECASTING.COM
`
` care of Network Solutions
`
` PO Box 459
`
` Drums, PA 18222
`
` US
`
`
` Domain Name: UNIQUECASTING.COM
`
`
`
`
`
`
`Promote your business to millions of viewers for only $1.25 a month!
`
`Learn how you can get an Enhanced Business Listing here for your domain name. Learn More
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Administrative Contact :
`
` Grafas, George
`
` qs47q4dr9em@networksolutionsprivateregistration.com
`
` ATTN UNIQUECASTING.COM
`
` care of Network Solutions
`
` PO Box 459
`
` Drums, PA 18222
`
` US
`
` Phone: 570-708-8780
`
`
`
` Technical Contact :
`
` Unique Casting, Inc.
`
` bf5h524s64r@networksolutionsprivateregistration.com
`
` ATTN UNIQUECASTING.COM
`
` care of Network Solutions
`
` PO Box 459
`
` Drums, PA 18222
`
` US
`
` Phone: 570-708-8780
`
`
` Record expires on 25-Jun-2022
`
` Record created on 26-Jun-1998
`
` Database last updated on 25-Jun-2012
`
`
`
` NS35.WORLDNIC.COM
`
` NS36.WORLDNIC.COM
`
`
`This listing is a Network Solutions Private Registration. Mail correspondence to this address
`
` must be sent via USPS Express Mail™ or USPS Certified Mail®; all other mail will not be
`processed. Be sure to include the registrant's domain name in the address.
`
` Domain servers in listed order:
`
`
`
`
`
`
`
`
`
`Manage DNS
`
`205.178.190.18
`206.188.198.18
`
`

`
`
` Show underlying registry data for this record
`
`
`

`
`uniquecasting.net
`
`Is this your domain name? Renew it now.
`
`
`
`
`Current Registrar: FASTDOMAIN, INC.
`65.254.248.218 (ARIN & RIPE IP search)
`IP Address:
`clientTransferProhibited
`Lock Status:
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`you agree to abide by these terms.
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`=-=-=-=
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`Registrar: FastDomain Inc.
`Provider Name....: FatCow Web Hosting
`
`Provider Whois...: whois.fastdomain.com
`Provider Homepage: http://www.fatcow.com/
`
`Domain Name: UNIQUECASTING.NET
`
`
`
` Created on..............: 2012-05-12 20:36:53 GMT
` Expires on..............: 2014-05-12 20:36:53 GMT
` Last modified on........: 2013-06-22 13:26:28 GMT
`
`Registrant Info: (FAST-15019522)
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` Last modified: 2013-05-13 17:10:00 GMT
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` Burlington, Massachusetts 01803
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`
`
`
`
`
`

`
`From: Benay Sinaikin [mailto:benay@castingpartners.com]
`Sent: Tuesday, July 23, 2013 3:59 PM
`To: Juliet Alcoba
`Subject: FW: INQUIRY: Preliminary VO Casting
`
`Kay get's her first inquiry for a job in NC and emails Ed for help
`Ed emails Kay and says he's so excited because he has a NEW PARTNER! and can finally get the
`business going (George)
`
`From: Brass Balls Pawn™
`Sent: Wednesday, March 09, 2011 1:13 PM
`To: Ed Arenas
`Subject: Re: INQUIRY: Preliminary VO Casting
`
`
`Ed, I have done nothing, but contact you. I just got her email.
`K
`
`
`
`On Wed, Mar 9, 2011 at 1:11 PM, <Castmiami@aol.com> wrote:
`yes
`
`lets call them together asap
`
`
`do you have a list of local agents
`
`
`did you discuss budget ?
`
`
`GOOD NEWS !!! I AM ABOUT TO TAKE ON A PARTNER AND FINALLY GET OUT OF THIS HOLE
`
`
`WE SIGN PAPERS NEXT WEEK AND THEN WE START TO ROCK AND ROLL
`
`
`Ed Arenas - 786-256-9806
`www.edarenas.com
`
`UNIQUE CASTING - 818-835-CAST (2278) Since 1982
`www.uniquecasting.com
`
`IMDB LISTING http://www.imdb.com/find?s=all&q=ed+arenas
`
`
`
`
`In a message dated 3/9/2011 1:07:41 P.M. Eastern Standard Time, brassballspawn@gmail.com writes:
`Ed, can you help me with this?
`Kay
`
`---------- Forwarded message ----------
`From: Sheena Paguia <Spaguia@woodswittdealy.com>
`Date: Wed, Mar 9, 2011 at 12:34 PM
`Subject: INQUIRY: Preliminary VO Casting
`To: "UniqueCasting.NC@gmail.com" <UniqueCasting.NC@gmail.com>
`
`Hello,
`
`
`

`
`I received your information from a list provided by the North Caroline Film Office. I am currently doing a
`few preliminary voice over castings for the beverage company, Cheerwine. Below are the following
`requirements we are looking for:
`
`
`· Roots in the south, particularly North Carolina
`· Authentic southern accents
`· Male or female
`· Union and non-union
`· Non-celebrities and local celebrities
`· Available to record the 3rd week of March (March 14th)
`· Have not done work for any other beverage company
`
`Can you please send over a few links to review audio files or video clips for each person you
`recommend? I would like to have this as soon as possible as we are hoping to review all our options
`quickly.
`
`Please let me know if you need any additional information.
`
`Thank you and regards,
`
`Sheena Paguia
`Woods Witt Dealy & Sons
`212.768.1259
`
`
`
`--
`Kay Duncan
`Brass Balls Pawn™
`BrassBallsPawn.com
`2128 S. Main Street
`Winston-Salem, NC 27127
`Monday through Friday
`12 noon to 6 pm
`336-293-4174
`Gallery of Guns. Guns Search Link. Search and buy your gun here.
`
`
`
`--
`Kay Duncan
`Brass Balls Pawn™
`BrassBallsPawn.com
`2128 S. Main Street
`Winston-Salem, NC 27127
`Monday through Friday
`12 noon to 6 pm
`336-293-4174
`Gallery of Guns. Guns Search Link. Search and buy your gun here.
`
`
`

`
`
`
`

`
`U“
`
`18 20" .4'“PM
`
`.
`
`V
`
`. No.5154
`
`P.
`
`a
`
`
`
`Cmcurr COURT
`
`ELEVENTH «JUDICIAL Cmcurr or FLORIDA .
`
`.-JOSEPH P. FARINA
`Cmcurr June:
`
`mmr; couN“IY coLJR‘n—u:uJsE
`
`. 73 wzsr FLAG-LER s~rm—::r
`Mum), FLORHJA 33130
`
`J
`
`,
`
`Facsimile Transmission
`
`~
`
`Pages 5_ (including this page):
`.
`
`V
`
`I
`
`,_
`
`

`
`‘
`
`J
`
`un
`
`.18.
`
`2on2
`
`4.2lPM
`-
`
`NW54
`
`PW2
`
`IN THE CIRCUIT COURT OF THE
`ELEVENTH JUDICIAL CIRCUIT IN AND
`FOR MIAMI DADE COUNTY, FLORIDA
`
`CASE NO. 12-19210 CA 42
`
`CIRCUIT CIVIL DIVISION
`
`UNIQUE CASTING PARTNERS, LLC ,
`(a Florida Limited Liability company),
`and GEORGE GRAFAS,
`
`A Plaintiffs,
`
`VS.
`
`EDWIN ARENAS,
`
`Defend ant.
`
`/
` fl?,_
`
`ORDER GRANTING PLAINTIFFS’ MOTION FOR
`TEMPORARY INJUNCTIVE RELIEF
`_.___.___.._._.__._______.__.__
`THIS CAUSE was heard on May 30; 2012, on Plaintiffs request for damages and
`injunctive relief; and this Court having reviewed and considered the Motions with Exhibits,
`heard legal argument from counsel for the respective parties, and held an evidentiary hearing on
`
`June 6, 2012, it is
`
`ORDERED AND ADJUDGED as follows;
`1. Pursuant to FLA.STAT. § 542.335, enforcement of contracts that restrict or prohibit
`competition during or after the term of restrictive covenants are not prohibited, so long as such
`contracts are reasonable in time, area, and line‘ ofbusiness. In any action concerning enforcement
`1 of a restrictive covenant a court shall not enforce a restrictive covenant unless it is set forth in a
`
`writing signed by the person against whom enforcement is sought.
`2. Pursuant to FLA.STAT. § 542.335, “a court shall presume reasonable in time any restraint
`six months or less in duration and shall presume unreasonable in time any restraint more than
`
`

`
`J
`
`Un
`
`.18.
`
`2032
`
`4:
`
`2
`
`lPM
`
`'
`
`No.5l54
`
`P.3
`
`CASE NO. 12-19210 CA 42
`
`two years in duration.” In Comorate Exp. Office Products, Inc. v. Phillips, 847 So. 2d 406 (Fla.
`2002»), the terms of a non-compete agreement, which the court held to be reasonable, precluded
`company employees from competing_ against
`their employer or soliciting the employer's
`customers for one year following the termination of employment.
`Similarly here, Defendant signed a contract containing a time restraint of one year from
`the date oftennination. Defendant has the burden to prove that the time restraint is unreasonable,
`and there is no evidence to suggest that the burden has been met. Therefore, the time restraint of
`
`one year is reasonable and enforceable.
`3.
`Geographic restrictions, reasonable in nature, are enforceable. The party seeking
`nant shall plead and prove the existence of one or more
`
`enforcement of a restrictive cove
`
`“legitimate business
`
`legitimate business interests justifying the restrictive covenant. The term
`interest" includes geographic location. FLA.STAT.§ 542.335. Pursuant to the presumption stated
`in FLA.'STAT.§ 542.335, a geographic restriction is reasonable in any location that would cause
`irreparable harm to the businesses’ monetary interests or reputational interests. LL If a covenant
`facially reasonable, the burden shifts to the employee to show why the
`not to compete is
`ant is unreasonable as applied -to him. Orkin Exterminating Co. v. Martin,
`516 So. 2d 970,
`
`COVCII
`
`971 (Fla. 3d DCA 1937).
`Here,
`the validity of the covenant not to compete has not been disputed. Moreover,
`Defendant is engaging in a casting—re1ated business within the local geographic area ofPlaintiffs.
`- Defendant is in direct competition with Plaintiffs for clients in a limited geographic area, which
`
`is a breach ofthe restrictive covenant causing irreparable harm to Plaintiffs.
`4. Activities, reasonable in nature, restricted by a non~compete covenant are enforceable. In
`the court stated that any activity that was competitive with those
`
`Orkin Exterminating Co.,
`
`

`
`CASE NO. 12~l9210 CA 42
`
`activities conducted for a former employer is a reasonable and enforceable restriction. E at
`
`1263. Here, Defendant
`
`is engaged in another casting operation and performing the same
`
`activities that he performed for Plaintiffs. Defendant’s activities of recruiting, teaching, using
`
`client lists, etc. are in direct competition with Plaintiffs.'The damages and injuries incurred by
`
`Plaintiffs are continuous and irreparable. Plaintiffs have no adequate remedy at law to protect
`
`itself from‘ the interference and damaging activities of Defendant.
`
`5. The essential elements necessary for the issuance of a temporary injunction are a clear
`
`legal right or interest in the subject matter of the suit, the likelihood of irreparable harm because
`
`of the unavailabilityof an adequate remedy at law, and a substantial likelihood of success on the
`
`merits. Oxford Intern. Bank & Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, 1110., 374
`
`so’. 2d 54, 56 (Fla. 3d DCA 1979).
`
`First, Plaintiffs are the employers attempting to enforce the contract that is the subject
`matter of this suit. Thus, Plaintiffs’ right is direct, substantial, and legally protectable. Second,
`
`one of the Plaintiffs testified that Defendant has taken a substantial amount of Plaintiffs’ clients,
`developed during Defendant’s employment at Unique Casting. Where a covenant not to compete
`
`is violated, irreparable injury is presumed and does not have to be proven to obtain a ‘temporary
`
`injunction. Capraro v. Lanier Bus. Products, Ino., 466 So. 2d 212, 213 (Fla. 1985). As discussed
`
`above, the restrictive covenant at issue is reasonable and enforceable. Furthermore, there is no ,
`adequate remedy at law that can prevent Defendant from causing further injury to Plaintiffs’;
`
`legally protected rights.
`
`Lastly, Plaintiffs have shown a substantial likelihood of success on the merits. The
`
`contract was signed by both parties, with sufficient consideration and an adequate understanding
`
`of the tenns of the agreement. This Court finds that the contract’s restrictions of time, geographic
`
`

`
`Jun.18.
`
`2012
`
`4:22PM
`
`M5154
`
`P‘
`
`5
`
`CASE NO. 12~1921O CA 42
`
`location and activities are sound. Thus, more than likely, the contract at issue will be found valid.
`
`6. This injunctive relief is specifically conditioned on the said Plaintiffs providing to the
`Clerk of Court, Miami-Dade County, a bond in the amount of §_5g,_(fl_Q with sufficient sureties
`conditioned to pay and satisfy all damages that may he occasioned to defendant by reason of this
`nctive relief in the event that it shall be subsequently determined that said injunetive relief
`inju
`was improperly granted. Said bond shall he posted with the Clerk no later than June 29, 2012. In
`
`the event the bond is not timely posted, this granted temporary injunctive relief shall dissolve.
`
`DONE AND onnniznn, this 18th day ofJune, 2012 at Miami—Dade County, Florida.
`
`
`
`Copies faxed to:
`
`David P. Lemoie, Esquire (305) 349-2310
`Thomas Scott, Esquire (305) 373-2294
`
`

`
`
`
`From: Benay Sinaikin [mailto:benay@castingpartners.com]
`Sent: Tuesday, July 23, 2013 4:01 PM
`To: Juliet Alcoba
`Subject: FW: Your new website - TIMELINE FOR WEBSITE
`
`Ed creates uniquecasting.com and uniquecastingpartners.com with George. (I start working
`there in September)
`
`From: Brass Balls Pawn™
`Sent: Friday, August 19, 2011 11:51 AM
`To: Ed Arenas
`Subject: Your new website
`
`
`Ed, your new website is AWESOME!!!!! I am so proud of you! The place looks fantastic. I can
`tell you've been busy. You go, boy!
`
`--
`Kay Duncan
`Brass Balls Pawn™
`BrassBallsPawn.com
`2128 S. Main Street
`Winston-Salem, NC 27127
`Monday through Friday
`12 noon to 6 pm
`336-293-4174
`Gallery of Guns. Guns Search Link. Search and buy your gun here.
`
`Read eKindle books by Kay Duncan at Amazon.com here:
`http://www.amazon.com/s/ref=nb_sb_noss?url=search-alias%3Ddigital-text&field-
`keywords=kay+duncan&x=0&y=0
`
`
`
`

`
`
`
`From: Benay Sinaikin
`Sent: Thursday, May 17, 2012 3:11 PM
`To: ip@fb.com
`Subject: Fwd: Facebook Warning
`
`
`Hi Johanna,
`
`
`Thank you for replying and for your help with this issue.
`
`
`My admin login email is mbs913@gmail.com. As mentioned before, the following pages were
`taken down: facebook.com/uniquecastingpartners and facebook.com/uniquecasting.
`Below this email is a copy of the notice from facebook that these sites were removed.
`
`
`We are the verifiable owners of both www.uniquecastingpartners.com and of
`www.uniquecasting.com and have all rights to use this name. Attached is documentation
`including our articles of incorporation and legal references regarding the ownership of this
`company. Two individuals, Ed Arenas and Kay Duncan, who are not associated with this
`company, are trying to extort company copyrights and we have already taken legal action.
`
`
`The removal of our busines page is causing irreparable harm to our business and the site must
`be restored immediately. Thank you very much for your assistance and let us know if there is
`anything else we need to provide.
`
`
`Sincerely,
`
`
`Benay Sinaikin
`
`
`
`
`Hi Benay,
`
`
`We have received your request that we review the removal of content that you posted to
`Facebook. We can only correspond with an admin of the removed content, and we have no
`record of removing the content at issue from your account. To help us process this request,
`please have an admin contact us from their login email address with a copy of the email we
`sent them when the content was removed.
`
`
`Thanks,
`
`Johanna
`User Operations
`Facebook
`
`
`

`
`-----Original Message to Facebook-----
`From: Benay Sinaikin (benay@uniquecasting.com)
`To: The Facebook Team
`ArrayCC: benay@uniquecastingpartners.com (benay@uniquecastingpartners.com),
`george@Uniquecasting.com (george@uniquecasting.com)
`Subject: RE: Unique Casting business page - restore access
`
`It has come to our attention that facebook.com/uniquecasting was taken down on 5/16/12 due
`to a takedown request from a third party.
`
`
`
`
`We are verifiable owners of "Unique Casting Partners", the domain
`www.uniquecastingpartners.com<http://www.uniquecasting.com>, and a registered business
`in the state of Florida. We have all rights to the IP and the name Unique Casting Partners and
`can provide documentation.
`
`
`
`
`By taking down this page you are infringing our rights and doing irreparable harm to our
`business. We insist that you immediately restore access to our business page.
`
`
`Thank you,
`
`
`Benay Sinaikin
`Casting Partner, COO
`
`
`Unique Casting Partners
`305.397.8709 | 866.990.3363 | 786.266.6850 mobile
`1825 West Avenue, Miami Beach, FL
`33139<http://maps.yahoo.com/index.php?ard=1&q1=Miami%20Beach%2C%20FL%2033139#m
`vt=m&lat=25.793979&lon=-
`80.14241&zoom=17&q1=1825%20West%20Avenue%2C%20Miami%20Beach%2C%20FL%2033
`139>
`-----End Original Message to Facebook-----
`
`
`---------- Forwarded message ----------
`From: Facebook <notification+ifrdzzi1@facebookmail.com>
`Date: Wed, May 16, 2012 at 5:02 PM
`Subject: Facebook Warning
`To: mbs913@gmail.com
`
`
`
`

`
`Hello,
`
`We have removed your Page: Unique Casting Partners from Facebook because we received a
`report alleging that it infringed or violated the rights of a third party, and/or because we have
`reason to believe that you are not authorized to represent the subject matter of the Page.
`
`We strongly encourage you to review the content you have posted to Facebook to make sure
`that you have not posted any other unauthorized or infringing content. Please keep in mind
`that it is our policy to terminate the accounts of repeat infringers/violators when appropriate.
`
`If you believe that we have made a mistake in removing this content, then please visit
`http://www.facebook.com/help/?page=1108 for more information.
`
`The Facebook Team
`
`
`
`

`
`From: Benay Sinaikin
`Sent: Wednesday, July 11, 2012 2:41 PM
`To: ip@fb.com
`Subject: Facebook Restore Company Pages
`
`
`To Whom It May Concern,
`
`
`Due to an alleged a copyright infringement issue, our company pages were taken down:
`facebook.com/uniquecastingpartners and facebook.com/uniquecasting.
`
`Notice #: [290358291058640]
`Contact Information:
`Name - [Kathleen Duncan]
`Email - [UniqueCasting.NC@gmail.com]
`
`
`Kathleen Duncan’s claims have been legally resolved, dismissed and retracted as per the enclosed,
`signed court documents. These documents are attached to verify the dismissal of her case and claims.
`
`
`Please re-instate our company pages, or let us know if you need anything else to restore our site
`immediately.
`
`
`We appreciate your assistance in restoring our company pages.
`
`Thank you very much,
`
`
`
`Benay Sinaikin
`Casting Partner, COO
`
`Unique Casting Partners
`305.397.8709 | 866.990.3363 | 786.266.6850 mobile
`1825 West Avenue, Miami Beach, FL 33139
`
`
`From: Benay Sinaikin [mailto:mbs913@gmail.com]
`Sent: Monday, May 21, 2012 10:07 AM
`To: George Grafas; Benay Sinaikin
`Subject: Fwd: Fwd: Facebook Warning
`
`
`
`---------- Forwarded message ----------
`From: The Facebook Team <ip+cfcvifn.aeasmcpao4kbo@support.facebook.com>
`Date: Fri, May 18, 2012 at 1:05 PM
`Subject: Re: Fwd: Facebook Warning
`To: mbs913@gmail.com
`
`
`
`Hi,
`
`

`
`
`Thanks for your email. As you know, we received a claim of alleged rights infringement
`regarding the removed content. Per Facebook's Statement of Rights and Responsibilities, users
`are prohibited from posting infringing content on the site.
`
`If you believe that we have made a mistake in removing this content, then please contact the
`complaining party directly with the following information to resolve your issue:
`
`Notice #: [290358291058640]
`Contact Information:
`Name - [Kathleen Duncan]
`Email - [UniqueCasting.NC@gmail.com]
`
`If both parties agree to restore the reported content, please ask the complaining party