Case Number 153-199691-03
RADIOSHACK CORPORATION, Plaintiff
vs
RADIOSHACKSUCKS d/b/a
RSS MANAGEMENT f/k/a
RSS FULFILLMENT, Defendants
IN THE DISTRICT COURT
TARRANT COUNTY, TEXAS
153rd JUDICIAL DISTRICT
AGREED JUDGEMENT AND PERMANENT INJUNCTION
Plaintiff RadioShack Corporation ("RadioShack"), and Defendant RadioShackSucks d/b/a RSS Management f/k/a RSS Fulfillment ("RSS"), represent to the Court that they have resolved the matters in dispute between them. Specifically, Defendant RSS represents to the Court that RadioShack is entitled to the permanent injunctive relief sought and the parties agree that the Court render the following Agrees Judgement and Permanent Injunction.
IT IS THEREFORE ORDERED that RSS Defendant in this case, be and hereby is immediately and permanently restrained and enjoined from the following:
a) RSS, as well as its agents, representatives, employees and member-owners, are restrained from using www.radioshacksucks.com, www.radioshacksucks.org, www.radioshacksucks.net or any other internet site, to articulate and disseminate schemes to defraud or harm RadioShack; and,
b) RSS as well as its agents, representatives, employees and member-owners, are restrained from using www.radioshacksucks.com, www.radioshacksucks.org, www.radioshacksucks.net or any other internet site, to disclose RadioShack's proprietary and trade secret information, including but not limited to RadioShack's pricing system and computer network; and,
c) RSS, as well as its agents, representatives, employees and member-owners, are restrained from using www.radioshacksucks.com, www.radioshacksucks.org, www.radioshacksucks.net, or any other website, to defame RadioShack or its employees (This includes a prohibition against posting pictures of any RadioShack employees.); and,
d) RSS, as well as its agents, representatives, employees and member-owners, are restrained from using www.radioshacksucks.com, www.radioshacksucks.org, www.radioshacksucks.net, or any other internet site to threaten RadioShack's employees; and,
e) RSS, as well as its agents, representatives, employees and member-owners, are restrained from using, in any manner, originals or copies of RadioShack's proprietary computer software; and,
f) RSS, as well as its agents, representatives, employees and member-owners, are restrained from soliciting clients on behalf of, or providing hyperlinks to, any law firm to persue legal claims against RadioShack; and,
g) RSS, as well as its agents, representatives, employees and member-owners, are restrained from using the trade name "RadioShack" or RadioShack's registered mark (or any derivative, altered or defaced version thereof) on www.radioshacksucks.com, www.radioshacksucks.org, or www.radioshacksucks.net any other website relating to RadioShack; and,
h) RSS, as well as its agents, representatives, employees and member-owners, are restrained from using any derivatative, altered or defaced version of the trade name "RadioShack" or RadioShack's registrated mark; and,
i) For so long as RSS, or its agents, representatives, employees and member-owners operate a website relating to RadioShack, RSS as well as its agents, representatives, employees and member-owners must require all visitors to such website relating to RadioShack to first click through and agree to abide by the terms of this Agreed Judgement and Permanent Injunction before entering such site. Visitors not agreeing to abide by this order will not be allowed access to the site.
j) RSS, as well as its agents, representatives, employees and member-owners must moderate all postings to the site to ensure compliance with this order
.
RSS and RadioShack agree that they will not appeal this Agreed Judgement and Permanent Injunction. All costs and fees will be borne by the party who incurred them.
SIGNED this 24th day of January 2005.
APPROVED AS TO FORM AND SUBSTANCE:
APPROVED AS TO FORM AND SUBSTANCE:
NOTARY SEAL