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See also Commerce Park at DFW Freeport v. Federal Rule of Civil Procedure 65(a)(1) specifies that "o preliminary injunction shall be issued without notice to the adverse party." The Fifth Circuit has interpreted the notice provision of Rule 65(a)(1) to mean that "`where factual disputes are presented, the parties must be given a fair opportunity and a meaningful hearing to present their differing versions of those facts before a preliminary injunction may be granted.'" "If no factual dispute is involved, however, no oral hearing is required under such circumstances the parties need only be given `ample opportunity to present their respective views of the legal issues involved.'" Accordingly, Docket Entry 30 is the operative document for Bauhaus' motion for a preliminary injunction.Īll the parties have requested an oral hearing on the motions for preliminary injunctions.
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I entered an Order advising the parties of Local Rule CV 65, which requires motions for preliminary injunctions to be made in a separate instrument. In the motion, Bauhaus asked the Court to enjoin TVPaint from reproducing or preparing derivative works based on Bauhaus software, destroying or altering business records relating to or referring to Bauhaus' copyrighted software, and making any statements concerning Bauhaus meant to impeach Bauhaus' honesty, integrity, virtue, or reputation.īauhaus previously included a motion for a preliminary injunction in its amended complaint submitted on October 10, 2006.
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On October 25, 2006, Bauhaus filed a motion for a preliminary injunction.
#TVPAINT SOFTWARE SOFTWARE#
In conjunction with its complaint, TVPaint filed a motion for a preliminary injunction asking the Court to enjoin Bauhaus from reproducing and distributing any works based on TVPaint software and altering or destroying any of the business records relating or referring to TVPaint's software. TVPaint filed an amended answer and complaint on October 26, 2006. Furthermore, TVPaint alleged that Bauhaus breached the software distribution and development contract and asked for a declaratory judgment holding that TVPaint did not commit any wrongful acts relative to its business dealings with Bauhaus.ĭocket Entry 10. TVPaint also claimed that Bauhaus engaged in unfair trade practices, false advertising, misappropriation and unfair competition, tortious interference with business relations, slander, and libel. TVPaint claimed that it had terminated the distribution and development contract and Bauhaus continued to distribute TVPaint's software thereby infringing on TVPaint's copyrights. On September 1, 2006, TVPaint answered the complaint and filed a counterclaim against plaintiff and a third party complaint against Bauhaus principals Dan Kraus, Paul Ford, and Stacey Ford. alleged that defendants tortiously interfered with prospective contracts between plaintiff and a third entity. further alleged that TVPaint committed fraud by making misrepresentations to plaintiff thereby inducing plaintiff to enter into the distribution and development contract. filed a complaint alleging that TVPaint breached a contract for the distribution and development of certain computer software programs. On December 16, 2005, Bauhaus Software Inc. TVPaint Developpement, Claude Adams and Herve Adams, collectively, will be referred to as TVPaint.īauhaus Software Inc., Dan Kraus, Paul Ford, and Stacey Ford, collectively, will be referred to as Bauhaus. After considering the motions for an oral hearing as well as the motions for preliminary injunctions and responses thereto, the motions for an oral hearing are DENIED for the following reasons. The matters before the Court are TVPaint Developpment ("TVPaint") and Bauhaus Software Inc.'s ("Bauhaus") motions for an oral hearing on their motions for preliminary injunctions (Docket Entries 9, 21, and 27).