Order to Show Cause for Temporary Restraining Order and Preliminary Injunction (S.D.N.Y., Dkt. 17)

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Order to Show Cause for Temporary Restraining Order and Preliminary Injunction against Performance Supply, LLC, in 3M Company v. Performance Supply, LLC, Case No. 1:20-cv-02949 (LAP)(KNF), United States District Court for the Southern District of New York, filed April 24, 2020, as Document 17. The order recites that the court considered 3M's application and the declarations of Charles Stobbie, David A. Crist, and A. John P. Mancini, and orders that the Application is granted in its entirety. It directs the defendant to show cause why the court should not enjoin use of the 3M marks and slogan and false statements that it is an authorized distributor of 3M. It temporarily restrains the defendant until the Show Cause Hearing, and states that 3M need not post a bond.

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Apr 2420, 11:42a Case 1:20-cv-02949-LAP Document17 Filed 04/24/20 Page 1 of 3 p.1

Case 1:20-cv-02949-LAP Document 12 Filed 04/24/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

3M COMPANY,
Plaintiff, Case No.: 1:20-cv-02949 (LAP)(KNF)
-against- Jury Trial Demand
PERFORMANCE SUPPLY, LLC,
Defendant.
ORDER

TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER

AND PRELIMINARY INJUNCTION AGAINST PERFORMANCE SUPPLY. LLC

WHEREAS, the Court, having considered Plaintiff 3M Company’s (“3M”’} Memorandum
of Law Support in Support of its Application for a Temporary Restraining Order and Preliminary
Injunction (the “Application”) against Defendant Performance Supply, LLC (“Defendant”),
together with the supporting Declarations of Charles Stobbie, David A. Crist, and A. John P.
Mancini (collectively, the “Declarations”), as well as the record and proceedings to date in the
above-captioned action.

IT IS HEREBY ORDERED that 3M’s Application is GRANTED in its entirety. It is
hereby further ORDERED that:

1. Defendant appear before The Honorable Loy cla if ‘ Ures a

District Judge, United States pistes Court for the tn trict of New York, on At 41, :
bi tele ph one at a -in fh} rouided

JO* otk, New York 10613; and show cause (the “Show Cause Hearing”) as to why the Court should

not enter an Order, pursuant to FED. R. Crv. P. 65(a), that:

a. Preliminarily enjoins Defendant, its agents, servants, employees, officers and all

persons and entities in active concert and participation with them from using the “3M” trademarks
Apr 2420, 11:42a Case 1:20-cv-02949-LAP Document17 Filed 04/24/20 Page 2 of 3 p.2

Case 1:20-cv-02949-LAP Document12 Filed 04/24/20 Page 2 of 3

(the “3M Marks”), the slogan “3M. Science Applied to Life” (the “3M Slogan”), and any other
word, name, symbol, device, or combination thereof that is confusingly similar to the 3M Marks
and/or the 3M Slogan, for, on, and/or in connection with the manufacture, distribution, advertising,
promoting, offering for sale, and/or sale of any goods or services, including, without limitation,
Plaintiff's 3M-brand N95 respirators, during the pendency of this action, and
b. Preliminarily enjoins Defendant, its agents, servants, employees, officers and all
persons and entities in active concert and participation with them from engaging in any false,
misleading, and/or deceptive conduct in connection with 3M and its products, including, without
limitation, representing itself as being an authorized distributor, vendor, agent, representative,
retailer, and/or licensee of 3M and/or any of 3M’s products (including, without limitation, 3M-
brand N95 respirators); falsely representing to have an association or affiliation with, sponsorship
by, and/or connection with, 3M and/or any of 3M’s products; falsely representing that 3M has
increased the price(s) of its 3M-brand N95 respirators; and offering to sell any of 3M’s products
at a price and/or in a manner that would constitute a violation of NEW YORK GENERAL BUSINESS
Law § 369-R, during the pendency of this action.
2. Sufficient reason having been shown therefor, from the date of this Order, through
and including the date of the Show Cause Hearing, Defendant, its agents, servants, employees,
officers and all persons and entities in active concert and participation with them, are hereby

temporarily restrained, pursuant to FED. R. Crv. P. 65(b), from engaging in any of the acts and/or

conduct described in Paragraphs 1(a)} and 1(b) of this Order, “te Conan oval SC rhe ake bY)

3. Pursuant to this Court’s equitable powers an discretion, 3M need not post a bond.

4. 3M and/or its authorized representative(s) must serve a copy of this Order, to gether

with 3M’s Memorandum of Law, and the Declarations, in Support of 3M’s Application, on


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