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SYBARITIC, INC. and SKANDIALIFE MANUFACTURING, LTD., Plaintiffs, v. NEOQI, LTD., a foreign corporation, and MATI VANN, indi

TEMPORARY RESTAINING ORDER

JOHN TUNHEIM, District Judge

The Court held a telephone conference on plaintiffs' motion for a temporary restraining order on April 1, 2004. John K. Rossman, Moss Barnett, appeared on behalf of plaintiffs. Ted Sullivan, Lind, Jensen, Sullivan Peterson, appeared on behalf of defendants.

ORDER

Based upon all of the files, records and proceedings herein, IT IS HEREBY ORDERED that plaintiffs' Motion for Expedited Injunctive Relief, or in the alternative, for a Temporary Restraining Order [Docket No. 13] is GRANTED in part as follows:

1. Defendant NeoQi, and any of its officers, directors, dealers, customers, distributors, affiliates, employees or agents including, but not limited to, defendant Mati Vann, shall not sell or display the Professional, Harmony, Balance and/or Aqua 33 Pro environmental capsule machines at the April 2-5, 2004 Cosmoprof Bologna-Milano trade show in Bologna, Italy unless the machines are sold or displayed at a booth or display area bearing a sign of no less than 4' x 6' in size, conspicuously displayed and written in Italian, French, and English, with no less than a 24-point size text font, including only the following language:

For purchasers in PRChina, Japan, Taiwan, Hong Kong, Korea, Italy, Mexico, and the United States: The Professional, Harmony, Balance and Aqua 33 Pro environmental capsule machines and the right to sell these machines are the subject of a dispute in United States District Court in the District of Minnesota between NeoQi Ltd. and Sybaritic Inc. The right to sell these machines will be resolved in this lawsuit or some other forum as soon as possible.
For purchasers in Singapore/Malasia, Vietnam, Philippines, Indonesia, Thailand, India, and Pakistan: The Professional, Harmony, Balance and Aqua 33 Pro environmental capsule machines are offered for sale by NeoQi, Ltd.

2. The $5,000 bond filed pursuant to this Court's November 10, 2003, Temporary Restraining Order [Docket No. 7] shall be continued, and this Order shall be effective without the posting of additional security.

3. Unless otherwise ordered by the Court, this Temporary Restraining Order expires on April 6, 2004.

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SYBARITIC, INC. v. NEOQI, LTD., (D.Minn. 2004)
(Apr 1, 2004)