FREECYCLE NETWORK, INC. v. OEY

No. 06-16219.

505 F.3d 898 (2007)

The FREECYCLE NETWORK, INC., Plaintiff-Appellee, v. Tim OEY; Jane Doe Oey, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2007.


Attorney(s) appearing for the Case

Donald M. Falk, Mayer, Brown, Rowe & Maw LLP, Palo Alto, CA, for the appellants.

Paul J. Andre, Perkins Coie LLP, Menlo Park, CA, for appellee.

Bruce Adelstein, The Law Offices of Bruce Adelstein, Los Angeles, CA, David Post, I. Herman Stern Professor, James E. Beasley School of Law, Philadelphia, PA, for Amici James Boyle, Lauren Gelman, Lawrence Lessig, Declan McCullagh, David Post, Glenn Harlan Reynolds, Martin Schwimmer, Jimmy Wales, and Jonathan Zittrain, in support of the appellants.

Mark A. Lemley, William H. Neukom Professor, Stanford Law School, Palo Alto, CA, for Amici 38 Intellectual Property Law Professors and the Electronic Frontier Foundation, in support of the appellants.

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.


HAWKINS, Circuit Judge:

Tim Oey ("Oey") appeals a preliminary injunction preventing him "from making any comments that could be construed as to disparage upon [The Freecycle Network]'s possible trademark and logo" and requiring that he "remove all postings from the [I]nternet and any other public forums that he has previously made that disparage [The Freecycle Network]'s possible trademark and logo."1 The Freecycle Network, Inc. v....

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