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NEW.NET v. LAVASOFT

No. CV 03-3180GAFCWX.

356 F.Supp.2d 1071 (2003)

NEW.NET. INC., Plaintiff, v. LAVASOFT, an entity of unknown form; Nicolas Stark Computing AB, an entity of unknown form, and Does 1-25, inclusive, Defendants.

United States District Court, CD. California.

November 6, 2003.

Attorney(s) appearing for the Case

Daniel Scott Schecter, David M. Simonds, Latham & Watkins, Los Angeles, CA, Ryan C. Squire, Stephen C. Chuck, Garrett & Tully, Pasadena, CA, for Plaintiff.

Louis J. Levy, Leventhal Senter and Lerman, Tobey B. Marzouk, Marzouk and Parry, Washington, DC, Thomas M. Norminton, Norminton & Wiita, Beverly Hills, CA, Henry D. Fetter, Doniger & Fetter, Los Angeles, CA, Richard J.J. Scarola, Thomas M. Norminton, Scarola Reavis & Parent, New York City, for Defendants.

MEMORANDUM AND ORDER REGARDING MOTION FOR PRELIMINARY INJUNCTION

FEESS, District Judge.

I.

INTRODUCTION

This case presents a dispute between Plaintiff New.net, Inc., a company that downloads software to individual computers through the internet, often without the knowledge or request of the computer user, and Lavasoft, which produces and distributes software that locates programs like the one written by New.net, notifies computer users...

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