ORDER TO SHOW CAUSE ON MOTION FOR PRELIMINARY INJUNCTION; ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER OF SEIZURE

TROY L. NUNLEY, District Judge.

Upon the declarations of Kenneth A. Feinswog and Bradford James Andersen, Plaintiff's Memorandum of Points and Authorities and the Complaint submitted herewith, and all other pleadings and proceedings had herein and good cause having been shown:

IT IS HEREBY ORDERED THAT Defendants, Various John Does, Jane Does, and ABC Companies, their true identities being unknown, SHOW CAUSE IN WRITING not later than August 2, 2019, as to why an order pursuant to Fed.R.Civ.P. 65 should not be entered granting Plaintiff a preliminary injunction enjoining Defendants from manufacturing, distributing, selling or holding for sale and authorizing seizure of all clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") bearing the BACKSTREET BOYS trademark, likenesses, names and logos (collectively the "BACKSTREET BOYS Trademarks");

IT IS FURTHER ORDERED that Defendants' papers, if any, shall be filed with the Clerk of this Court and served upon Plaintiff's attorney by delivering a copy to its counsel not later than August 2, 2019. Plaintiff shall file any reply and serve such reply upon each appearing Defendant or his/her counsel not later than August 6, 2019. Plaintiff shall provide copies of pleadings at the request of any identified Defendant;

IT APPEARING TO THE COURT that Defendants are distributing and/or are about to distribute in interstate commerce and sell at or near the sites of the current BACKSTREET BOYS United States concert tour, clothing, jewelry, photographs, posters and other merchandise bearing the BACKSTREET BOYS Trademarks, and will continue to carry out such acts unless restrained by Order of the Court;

AND IT APPEARING TO THE COURT that immediate and irreparable injury, loss, and damage will result to Plaintiff before Defendants can be identified and given notice and their attorneys can be heard in opposition to the granting of the Temporary Restraining Order, in that Defendants are preparing to manufacture, distribute, and sell Infringing Merchandise throughout the current BACKSTREET BOYS concert tour, and that unless Defendants are enjoined from said manufacture, distribution, and sale, Plaintiff will suffer immediate and irreparable injury and harm in the form of loss of income, the dilution of the BACKSTREET BOYS Trademarks, interference with Plaintiff's ability to exploit market and license its merchandising rights, confusion in the marketplace as to the duly authorized source of BACKSTREET BOYS merchandise, and the impairment of the goodwill that Plaintiff and the BACKSTREET BOYS have in the BACKSTREET BOYS' Trademarks;

IT IS HEREBY ORDERED that pending the hearing and determination of this Motion, Defendants, their agents, servants, employees, attorneys, successors and assigns, and all persons, firms, and corporations acting in concert with them are TEMPORARILY RESTRAINED from manufacturing, distributing, and selling Infringing Merchandise bearing the BACKSTREET BOYS Trademarks;

IT IS FURTHER ORDERED that the U.S. Marshal for this District, the U.S. Marshal(s) and/or state, county, or local law enforcement authorities, including off duty officers of the same, for any such district in which Plaintiff enforces this order, and persons acting under their supervision, are hereby authorized to seize, impound (and deliver to Plaintiff or its representatives), any and all Infringing Merchandise bearing the BACKSTREET BOYS Trademarks, including from cartons, containers, or vehicles or other means of transport in which the Infringing Merchandise is found beginning four (4) hours before and continuing until four (4) hours after any performance on any concert on the BACKSTREET BOYS tour within a four (4) mile radius of the concert on the BACKSTREET BOYS tour including, but not limited to, the BACKSTREET BOYS concert at the Golden 1 Center, Sacramento, California on August 1, 2019;

AND IT IS FURTHER ORDERED that this Temporary Restraining Order is conditioned upon Plaintiffs advancing to law enforcement officers such sum as is required to cover the fees for their services, in the event that Plaintiff seeks their services in this or any other district,

AND IT IF FURTHER ORDERED that service of a copy of this Order to Show Cause together with the Complaint shall be made upon Defendants by the United States Marshal, state or local enforcement authority, or by any person over the age of eighteen (18) years not a party to this action selected for that purpose by Plaintiff, at the time of the seizure provided herein is effected and that such service shall be deemed good and sufficient;

AND IT IS FURTHER ORDERED that the process server shall offer a receipt to each person from whom merchandise is seized and that Plaintiff shall be deemed substitute custodian for all Infringing Merchandise seized;

AND IT IS FURTHER ORDERED that each and every Defendant served with a copy of this Order shall promptly, courteously and peaceably identify himself or herself to the aforementioned process server and that the process server or agents for Plaintiff shall be allowed to photograph, video tape, or otherwise identify the Defendant;

AND IT IS FURTHER ORDERED that pursuant to F.R.Civ.P. 65(b)(4), any Defendant can apply to this Court to dissolve or modify this Order on two (2) days' notice or shorter notice as this Court may allow, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court.

No bond shall be required.

IT IS SO ORDERED.