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ANY VIOLATION OF THIS INJUNCTION BY OUR USERS WILL RESULT IN DISCIPLINARY ACTION UP TO AND INCLUDING BANNING FROM THIS SITE!!!
Cause 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
I AGREE to abide by the above. Enter the RSS site.
I AGREE to abide by the above. Enter the Google Alpha Site
I AGREE to abide by the above. Enter AtomicModulators chat room.
DO NOT AGREE to abide by the above. Exit site.
