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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 00-893-CIV-GRAHAM/TURNOFF
CRC PRESS, LLC,
Plaintiff,
v.
WOLFRAM RESEARCH, INC., STEPHEN
WOLFRAM, and ERIC WEISSTEIN,
Defendants.
______________________________/
PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
Plaintiff CRC Press LLC ("CRC Press"), pursuant to Rule 65 of the Federal Rules
of Civil Procedure and S.D. Fla. L.R. 7.1, moves for the entry of a preliminary
injunction against Defendants Wolfram Research Inc., Stephen Wolfram and Eric
Weisstein and as good cause therefore states:
1. As set forth in detail in its supporting memorandum of law and
affidavits filed herewith, CRC Press seeks a preliminary injunction restraining
and enjoining defendants Wolfram Research, Inc., Stephen Wolfram, and Eric
Weisstein (together, "defendants") from continuing their infringement of CRC
Press's copyright in "CRC's Concise Encyclopedia of Mathematics" (the
"Encyclopedia") by maintaining on the Internet web site of Wolfram Research an
infringing work called "MathWorld".
2. A preliminary injunction is necessary because (1) the maintenance of
MathWorld on the Wolfram Research web site violates CRC Press's exclusive
rights to copy, distribute and display the Encyclopedia, (2) defendants'
continued operation of the web site displaying the infringing version of the
Encyclopedia is causing immediate and irreparable harm to CRC Press, (3)
defendants will suffer no harm from the this injunction other than the loss of
their profits attributable to the continuing infringement, and (4) the
injunction will serve the public interest in protecting copyrights.
3. Despite requests by CRC Press to take the infringing material off the
web site, defendants continue to maintain it on their web site in violation
of the copyright law.
4. Defendants' actions are causing immediate and irreparable injury and
loss to CRC Press as more fully set forth in CRC Press's complaint and its
memorandum of law and affidavits filed in support of this motion.
WHEREFORE, plaintiff, CRC Press, requests that this Court grant CRC Press a
preliminary injunction enjoining defendants from continuing to violate CRC
Press's copyright in the Encyclopedia.
Dated: March 31, 2000
New York, New York
ADORNO & ZEDER, P.A.
Mitchell R. Bloomberg
Florida Bar No. 197289
Ellen M. Leibovitch
Florida Bar No. 656933
2601 South Bayshore Drive
Suite 1600
Miami, FL 33133
Tel: (305) 858-5555
Fax: (305) 858-4777
Of Counsel:
Davd Rabonowitz, Esq.
Noeleen G. Walder, Esq.
Philippe Zimmerman, Esq.
MOSES & SINGER LLP
1301 Avenue of the Americas
New York, New York 10019
(212) 554-7800
Attorneys for Plaintiff, CRC Press, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by hand
delivered on this 31 day of March 2000 upon:
Janet T. Munn, Esq.
Steel Hector & Davis LLP
200 South Biscayne Boulevard
Suite 4000
Miami, Florida 33131
and was served by mail this 31 day of March, 2000 on:
