Case 1:10-cv-04917 Document 7 Filed 08/05/10 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

BERNINA OF AMERICA, INC., )

)
Plaintiff, ) Case Number: 1:10-cv-4917
)
v. )
) Judge Milton I. Shadur
IMAGELINE, INC., ISLANDVIEW )
TECHNOLOGIES LLC, ISLANDVIEW )
DESIGNS LLC, and GEORGE ) Magistrate Judge Martin C. Ashman
P. RIDDICK, III, )
)
Defendants. )

PLAINTIFF BERNINA OF AMERICA, INC.’S MOTION FOR TEMPORARY

RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Plaintiff Bernina of America, Inc. (“Bernina”), by its undersigned counsel,

Winston & Strawn, moves this Court, pursuant to Rule 65 of the Federal Rules of Civil

Procedure for a Temporary Restraining Order and Preliminary Injunction ordering Defendants

Imageline, Inc. (“Imageline”), Islandview Technologies LLC, Islandview Designs LLC

(collectively, “Islandview”), and George P. Riddick, III (“Riddick”) to cease and desist from

threatening, harassing, contacting, or otherwise communicating with Bernina’s independent

network of dealers (“Bernina Dealer Network”). In support of its Motion for Temporary

Restraining Order and Preliminary Injunction, Bernina submits herewith the Affidavit of Michael

Perich (“Perich”) and its Memorandum of Law in Support of Its Motion for Temporary

Restraining Order and Preliminary Injunction, and states as follows:

1. Bernina incorporates herein by reference the averments made in its Complaint

filed with this Court on August 4, 2010.

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2. In or about June 2010, Defendants began to send a series of email messages and

letters directly to the members of the Bernina Dealer Network, making false allegations of

copyright infringement against Bernina and the Bernina Dealer Network and threatening

litigation if Bernina and the dealers did not settle with Imageline.

3. Among other things, these communications have included numerous false and

defamatory statements about Bernina including: (1) that Bernina has engaged in willful copyright

infringement; (2) that Bernina and its corporate officers have acted unethically; (3) that Bernina

and its corporate officers have ignored the best interests of the dealers and has exposed them to

legal liability; (4) that Bernina and its corporate officers have knowingly made false statements

to the Bernina dealers and others; (5) that Bernina and its corporate officers have directly caused

damage to the Bernina independent dealers; and (6) that Bernina and its corporate officers have

engaged in unlawful activities.

4. Defendants’ allegations of copyright infringement are patently false because (1)

Bernina has not reproduced, displayed, marketed, sold, distributed or otherwise engaged in any

unauthorized exercise of any of the exclusive rights with respect to the images Imageline

purports to own; and (2) for reasons discussed in Bernina’s memorandum in support of the

instant motion (all of which are known to Defendants) Imageline is not entitled to assert federal

copyright protection over the individual images that it claims to own.

5. Defendants know that their statements and allegations are false or, at the very

least, were made with “reckless disregard” for the truth or falsity their statements.

6. Bernina has notified Defendants that their allegations of copyright infringement

against Bernina and the Bernina Dealer Network are baseless, unsubstantiated, false and

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deceptive. Bernina has demanded that Defendants cease and desist from their harassment and

defamation of Bernina and the Bernina Dealer Network.

7. These statements constitute defamation and defamation per se and Defendants’

conduct constitutes tortious interference with contractual relationships under Illinois common

law.

8. Despite notice of and actual knowledge that their claims and allegations are false,

and Bernina’s demand that Defendants immediately refrain from engaging in such conduct,

Defendants’ threats and harassment of Bernina and the Bernina Dealer Network, their tortious

interference with Bernina’s contractual relationship with its dealers, and their publication of

defamatory statements to third parties have only intensified.

9. Upon information and belief, Defendants are presently, on a regular basis,

contacting dealers in the Bernina Dealer Network for the purpose of making these defamatory

statements about Bernina and purposefully interfering with Bernina’s contractual relationship

with the dealers in the Bernina Dealer Network.

10. Defendants’ unlawful actions have been successful in their intended purpose of

creating fear and confusion among the dealers in the Bernina Dealer Network—many of which

are very small businesses with limited disposable resources.

11. Defendants’ unlawful actions have caused Bernina to suffer substantial damage,

including, among other things, money damages, loss of competitive position, goodwill, lost

profits, and other damages.

12. Defendants’ wrongful conduct continues to threaten Bernina and its relationships

with its dealers and, unless enjoined, will cause further irreparable harm.

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13. As demonstrated more fully in Bernina’s supporting Memorandum: (1) Bernina

has shown that it will succeed on the merits; (2) Bernina’s injuries caused by Defendants’

actions, including damage to its business reputation and loss of goodwill, are immediate,

continuing, and irreparable, and Bernina has no adequate remedy at law; (3) the balance of harms

favors Bernina as the harm to Bernina is severe, long-term, and irreparable; and (4) the public

interest plainly disfavors such outrageous and deceitful behavior on the part of Defendants.

WHEREFORE, Bernina respectfully requests that this Court enter an order:

A. Enter a Temporary Restraining Order and Preliminary Injunction

enjoining Defendants, their officers, subsidiaries, parents, divisions, agents, servants,

employees and attorneys, and those persons in active concert or participation with them

who receive actual notice of the order by personal service or otherwise, from:

i. making defamatory allegations against Bernina including, but not limited

to making false allegations that:

a. Bernina has engaged in any copyright infringement, willful or

otherwise;

b. Bernina and its corporate officers have acted unethically;

c. Bernina and its corporate officers have ignored the best interests of

the dealers and has exposed them to legal liability;

d. Bernina and its corporate officers have knowingly made false

statements to the Bernina dealers and others;

e. Bernina and its corporate officers have directly caused damage to

the Bernina independent dealers; and

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f. Bernina and its corporate officers have engaged in unlawful

activities.

ii. from making contact with Bernina’s authorized dealers in the Bernina

Dealer Network for the purpose of making false allegations of copyright

infringement and/or otherwise interfering with Bernina’s contractual

relationships with these dealers.

B. Grant Bernina such other and further relief as this Court may deem just.

Date: August 5, 2010 Respectfully submitted,

BERNINA OF AMERICA, INC.

By: __/s/ Norman K. Beck_____________

Norman K. Beck (ARDC 2425205)

Brian D. Fergemann (ARDC 6269728)
Marc H. Trachtenberg (ARDC 6290927)
Kevin P. McCormick (ARDC 6294455)
Winston & Strawn LLP
35 W. Wacker Drive
Chicago, IL 60601
(312) 558-5600
nbeck@winston.com
bfergemann@winston.com
mtrachtenberg@winston.com
kmccormick@winston.com

Attorneys for Bernina of America, Inc.

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CERTIFICATE OF SERVICE

The undersigned, an attorney, hereby certifies that a copy of the foregoing

MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
was served on:

Imageline Incorporated
Registered Agent: George P. Riddick III
202 England Street Ste A
Ashland, VA 23005-0000
griddick@imageline2.com
Copyrights@imageline2.com
info@imageline2.com

Islandview Technologies, LLC

Registered Agent: George P. Riddick III
202 England Street Ste A
Ashland, VA 23005-0000

Islandview Designs, LLC

Registered Agent: George P. Riddick III
202 England Street Ste A
Ashland, VA 23005-0000

George Paine Riddick III

164 Carriage Point Lane
Glen Allen, VA 23059-7466

Islandview Technologies and Imageline Inc.

2012 Hollywood Boulevard
Suite D
Hollywood, Florida 33020
(804) 368-8721 – fax
griddick@islandview2.com

via electronic mail, facsimile, and Federal Express Overnight Mail this August 5, 2010.

By: /s/ Brian D. Fergemann

One of The Attorneys for Plaintiff