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Case 1:14-cv-00770-KMW-RLE Document 8

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------- x KIND LLC, : : Plaintiff, : : -against: : CLIF BAR & COMPANY, : : Defendant. : ------------------------------------------------------------- x

ECF Case 14 Civ. 770 (KMW) Oral Argument Requested

NOTICE OF MOTION PLEASE TAKE NOTICE that Plaintiff KIND LLC (KIND) will move this Court before the Honorable Kimba M. Wood at the United States Courthouse at 500 Pearl Street, New York, New York, at a date and time to be set by the Court, pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction against Defendant Clif Bar & Company (Clif): a. enjoining and restraining Defendant and all those in active

concert or participation with it (including, but not limited to, its officers, directors, agents, servants, employees, representatives, attorneys, subsidiaries, related companies, successors, assigns, distributors and retailers) from manufacturing, distributing, shipping, advertising, marketing, promoting, selling or otherwise offering for sale MOJO bar products in the trade dress depicted in Exhibit A hereto or any other trade dress that is confusingly similar to that of KIND Bar, as depicted in Exhibit B hereto;

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b.

enjoining and restraining Defendant and all those in active

concert or participation with it (including, but not limited to, its officers, directors, agents, servants, employees, representatives, attorneys, subsidiaries, related companies, successors, assigns, distributors and retailers) from representing, by any means whatsoever, that any products manufactured, distributed, advertised, offered or sold by Defendant are KINDs products or vice versa, and from otherwise acting in a way likely to cause confusion, mistake or deception on the part of purchasers or consumers as to the origin or sponsorship of such products, including but not limited to all usages shown in Exhibit A; c. requiring Defendant and all those in active concert or

participation with it (including, but not limited to, its officers, directors, agents, servants, wholesalers, distributors, retailers, employees, representatives, attorneys, subsidiaries, related companies, successors, assigns and contracting parties) to take affirmative steps to dispel such false impressions that heretofore have been created by its use of the MOJO trade dress, including, but not limited to, recalling from any and all channels of distribution any and all infringing products, advertisements and promotional materials; d. requiring Defendant to file with the Court and serve upon

KINDs counsel within two (2) weeks after entry of such preliminary injunction a report, in writing under oath, setting forth in detail the manner and form in which Defendant has complied with the requirements of the preliminary injunction; and

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e.

requiring Defendant to comply with any order awarding

other and further relief as this Court shall deem just and proper.

Dated: New York, New York February 12, 2014 Respectfully submitted, DEBEVOISE & PLIMPTON By: s/ David H. Bernstein David H. Bernstein (dhbernstein@debevoise.com) Jyotin Hamid (jhamid@debevoise.com) Charles W. Baxter (cwbaxter@debevoise.com) 919 Third Avenue New York, New York 10022 (212) 909-6696 Attorneys for Plaintiff KIND LLC

Case 1:14-cv-00770-KMW-RLE Document 8

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Exhibit A

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Exhibit B

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