Compaint Texas Dept of Transportation V Christie

Case 1:11-cv-00726-SS Document 1
Filed 08/19/11 Page 1 of 14
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION TEXAS DEPARTMENT OF TRANSPORTATION Plaintiff, v. CHRISTIE CRAIG, BARNES & NOBLE, INC. HACHETTE BOOK GROUP USA, and GRAND CENTRAL PUBLISHING Defendants.
CIVIL ACTION NO.
1:11-cv-726
JURY DEMANDED
COMPLAINT AND REQUEST FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY AND PERMANENT INJUNCTION
The Parties 1. Plaintiff, the Texas Department of Transportation (TxDOT), is a Texas state
agency with a principal place of business at 125 E. 11th Street, Austin, Texas 78701-2483. 2. Upon information and belief, defendant Christie Craig is an author residing in Upon information and belief, defendant Barnes & Noble is a Delaware
Houston, Texas.
corporation with a principal place of business at 122 Fifth Avenue, New York, New York 10011. Upon information and belief, defendant Hachette Book Group USA is a Delaware corporation with a principal place of business at 237 Park Avenue, New York, New York 10017-3140. Upon information and belief, defendant Grand Central Publishing is a Delaware corporation and subsidiary of Hachette Book Group USA, with a principal place of business at 237 Park Avenue, New York, New York 10017-3140. The foregoing entities are collectively referred to
Defendants, unless otherwise individually specified.

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JURISDICTION 3. Jurisdiction is proper in this Court pursuant to 15 U.S.C.A. 1121, and 28 U.S.C.A.
1331 and 1338, because this action, at least in part, is an action for trademark infringement, dilution, and unfair competition, and arises under the trademark laws of the United States, Title 15, United States Code. This Court has jurisdiction over any Texas state law claims under principles of pendent and ancillary jurisdiction. 4. Upon information and belief, Defendants offer and sell books (both electronic and
hard copy) as well as other related products and services. 5. Upon information and belief, Defendants actively market and sell books
(electronic and hard copy) to customers worldwide, nationwide, and statewide, including to persons and entities that reside in this judicial district and division. Barnes & Nobles website, located at http://www.barnesandnobleinc.com/our_company/our_company.html, states that between its stores and its online operations, it sells approximately 300 million books per year. Hachette Book Groups website at http://www.hachettebookgroup.com/about_index.aspx states that it is a leading US trade publisher headquartered in New York, and owned by Hachette Livre, the second largest publisher in the world. 6. This Court may exercise personal jurisdiction over Defendants by virtue of
Defendants marketing and sales of commercial goods and/or services within this judicial district. 7. This Court may exercise personal jurisdiction over Defendants by virtue of
Defendants commission of the activities complained of herein within this judicial district.
VENUE 8. Venue is proper in this district pursuant to 28 U.S.C.A. 1391(b) and (c) because
one or more Defendants reside and/or maintain offices and/or retail outlets in this district, and/or because certain Defendants may be found in this district, and/or because the Defendants Products are or will be offered in this district, and/or because one or more of the acts complained of took place in this district. GENERAL AVERMENTS 9. TxDOT has registered the mark DONT MESS WITH TEXAS (the Mark) on
the principal register of the United States Patent and Trademark Office (USPTO) in connection with various goods and services. See printouts of TxDOT trademark registrations, attached hereto as composite Exhibit A. The applications for the earliest of such registrations were filed on October 16, 2000, and the registrations issued in September and October 2002. See U.S. Reg. Nos. 2627196, 2616831, and 2619887, included as part of composite Exhibit A. 10. The foregoing registrations of the Mark are valid, subsisting, in full force and
effect, and certain of the registrations have become incontestable pursuant to 15 U.S.C. 1065. 11. The registrations for the Mark constitute prima facie evidence of their validity and
conclusive evidence of TxDOTs exclusive right to use the Mark in connection with the goods and services identified therein and other commercial goods and services provided by TxDOT. 12. The registrations for the Mark also provide sufficient notice to Defendants of
TxDOTs ownership and exclusive rights in and to the Mark. 13. The Mark has been in continuous use for many years in connection with various
goods and services, including but not limited to anti-litter campaigns, clothing, beverage
containers, magnets, jewelry, printed materials (such as postcards, note pads, posters, folders, decorative pencils, etc.). See Exhibit A. 14. TxDOT has spent millions of dollars advertising the Mark and related goods and
services, throughout the State of Texas and this judicial district, as well as nationwide. TxDOT has received numerous awards and favorable publicity in connection with the Mark. See list of awards and honors, attached as Exhibit B. 15. As a result of TxDOTs activities, and the widespread publicity and favorable
acclaim for the Mark, the Mark is now famous as that term is used in 15 U.S.C. 1125 (c)(1). In particular, the Mark has been marketed, advertised and used nationwide by TxDOT and authorized third parties in a variety of forms of media (television, print, radio, Internet, etc.) for over twenty (20) years. TxDOT has offered and sold its various products, either directly or through authorized third parties, on a nationwide basis for over twenty (20) years. The Mark has been widely recognized by third parties, and the goods and services offered under the Mark are associated with TxDOT. As an example, surveys have indicated that the Mark is recognized by over 95% of the population in the State of Texas. 16. As a result of extensive use and promotion, the Mark has acquired a favorable
reputation to consumers as an identifier and symbol of TxDOT and its products, services, and goodwill. Accordingly, TxDOT is the owner of broad common-law and federal trademark rights in the Mark. 17. On or about August 8, 2011, TxDOT discovered that Defendants intend to publish
on August 23, 2011 a romance novel by the title of Dont Mess with Texas. See composite Exhibit C. On August 9, 2011, TxDOT sent a demand letter to Defendants regarding
infringement and dilution, and requested that the title of the foregoing book be changed to something else that did not incorporate the Mark. See Exhibit D. 18. Defendants responded on August 10, 2011, denying that any alteration was
necessary. See Exhibit E. 19. On or about August 17, 2011, TxDOT received a copy of the Defendants book.
The book contains numerous graphic references to sexual acts, states of sexual arousal, etc. In addition, Defendants have purposefully sought to copy and use the Mark, as admitted in the context of the book at issue. See excerpts from the book, attached as composite Exhibit F. 20. Defendants have not obtained authorization, permission, or a license from TxDOT
to use the Mark in connection with the book entitled Dont Mess with Texas. 21. Defendants intend to sell their book in some of the same established, likely to
continue trade channels as some of TxDOTs products that are marketed and sold under the Mark (e.g., TxDOT has licensed rights to a book entitled Dont Mess with Texas, which is currently sold in Barnes & Noble stores; TxDOT also has registered the Mark for use in connection with printed materials such as notepads, or decorative pencils, while Barnes & Noble also sells pencils and notepads through its retail and online stores). See printout from Barnes & Noble website, indicating that it also sells, for example, pencils and notepads at its stores, attached as Exhibit G. If Defendants are allowed to proceed with publication of the book entitled Dont Mess with Texas, irreparable harm will result to TxDOT. See also declaration attached as Exhibit H.
Count I Trademark Infringement 22. forth herein. 23. This cause of action arises under 32 of the Trademark Act of 1946 as amended TxDOT hereby repeats the allegations of paragraphs 1-21 above as if fully set
(15 U.S.C. 1114) for infringement of a federally registered trademark, as well as pursuant to provisions of state law. 24. Defendants, without authorization from TxDOT, have used, will use, and/or will
continue to use a book title Dont Mess with Texas that is confusingly similar to the Mark. 25. The foregoing acts of Defendants are intended to cause, have caused, and are
likely to continue to cause confusion, mistake, and deception among consumers, the public, and the trade as to whether Defendants book originates from, or is affiliated with, sponsored by, or endorsed by TxDOT. 26. Upon information and belief, Defendants have acted with knowledge of TxDOTs
ownership of the Mark and with deliberate intention or willful blindness to unfairly benefit from the enormous amount of goodwill symbolized by the Mark. 27. Upon information and belief, Defendants have made, will make, and/or will
continue to make substantial profits and gains to which they are not in law or equity entitled as a result of the unauthorized use of the Mark. 28. Upon information and belief, Defendants intend to continue their infringing acts,
unless restrained by this Court. 29. Defendants acts have damaged and will continue to damage TxDOT, and
TxDOT has no adequate remedy at law.
Count II Dilution (Blurring) 30. forth herein. 31. The Mark is strong and distinctive, has been in use for many years and has TxDOT hereby repeats the allegations of paragraphs 1-29 above as if fully set
achieved enormous and widespread public recognition. 32. The Mark is famous within the meaning of Section 43(c) of the Lanham Act (15
U.S.C. 1125(c)). 33. Defendants use of the book title Dont Mess with Texas, without authorization
from TxDOT, is diluting the distinctive quality of the Mark and is decreasing the capacity of the Mark to identify and distinguish TxDOTs products and services. In particular, Defendants actual or proposed use of the Mark is likely to cause dilution by blurring by creating a likelihood of association with TxDOTs famous Mark arising from its similarity to TxDOTs Mark, and is likely to impair the distinctiveness of TxDOTs famous Mark. 34. Defendants actual or proposed use of the Mark is likely to cause dilution by
blurring, in light of, inter alia, the following factors: (a) the degree of similarity between the Defendants actual or proposed use of Dont Mess with Texas and the Mark, (b) the degree of inherent or acquired distinctiveness of the Mark, (c) the extent to which TxDOT is engaging in substantially exclusive use of the Mark, (d) the degree of recognition of the Mark, (e) the Defendants intention to create an association with the Mark, and (f) actual association between Defendants actual or proposed use of Dont Mess with Texas and the Mark. 35. Defendants have intentionally and willfully diluted the distinctive quality of the
famous TxDOT Mark in violation of Section 43(c) of the Lanham Act (15 U.S.C. 1125(c)).
36.
Upon information and belief, Defendants have made, will make, and/or will
TxDOT has no adequate remedy at law. Count III Dilution (Tarnishment) 39. forth herein. 40. The Mark is strong and distinctive, has been in use for many years and has TxDOT hereby repeats the allegations of paragraphs 1-38 above as if fully set
achieved enormous and widespread public recognition. 41. The Mark is famous within the meaning of Section 43(c) of the Lanham Act (15
U.S.C. 1125(c)). 42. Defendants use of the book title Dont Mess with Texas, without authorization
from TxDOT, is diluting the distinctive quality of the Mark and is decreasing the capacity of the Mark to identify and distinguish TxDOTs products and services. In particular, Defendants actual or proposed use of the Mark is likely to cause dilution by tarnishment by creating an association arising from the similarity between Defendants actual or proposed use of the Mark and TxDOTs Mark thereby harming the reputation of TxDOTs Mark. 43. Defendants actual or proposed use of the Mark is likely to cause dilution by
tarnishment, in light of, inter alia, the following factors: (a) the degree of similarity between the Defendants actual or proposed use of Dont Mess with Texas and the Mark, (b) the degree of
inherent or acquired distinctiveness of the Mark, (c) the extent to which TxDOT is engaging in substantially exclusive use of the Mark, (d) the degree of recognition of the Mark, (e) the Defendants intention to create an association with the Mark, and (f) actual association between Defendants actual or proposed use of Dont Mess with Texas and the Mark. 44. Defendants have intentionally and willfully diluted the distinctive quality of the
famous TxDOT Mark in violation of Section 43(c) of the Lanham Act (15 U.S.C. 1125(c)). 45. Upon information and belief, Defendants have made, will make, and/or will
TxDOT has no adequate remedy at law. Count IV Dilution (Texas State Law) 48. forth herein. 49. The Mark is strong and distinctive marks, has been in use for many years and has TxDOT hereby repeats the allegations of paragraphs 1-47 above as if fully set
achieved enormous and widespread public recognition. 50. Through prominent, long, and continuous use in commerce, including commerce
within the State of Texas, the Mark has become and continues to be famous and distinctive. 51. Defendants use of the book title Dont Mess with Texas, without authorization
from TxDOT, is diluting the distinctive quality of the Mark and is decreasing the capacity of the
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Mark to identify and distinguish TxDOT products and services and has caused a likelihood of harm to TxDOTs business reputation. 52. Based on the foregoing acts, Defendants have diluted the distinctive quality of the
famous Mark in violation of Section 16.29 of the Texas Business and Commerce Code. 53. The foregoing acts of Defendants also constitute injury to TxDOTs business
reputation in violation of Section 16.29 of the Texas Business and Commerce Code. 54. Upon information and belief, Defendants have made, will make, and/or will
TxDOT has no adequate remedy at law. Count V Unfair Competition 57. forth herein. 58. This cause of action arises under the common law of unfair competition of the TxDOT hereby repeats the allegations of paragraphs 1-56 above as if fully set
State of Texas, as well as pursuant to the Lanham Act (15 U.S.C. 1125). 59. By reason of the foregoing acts, Defendants have traded upon and appropriated
the reputation and valuable good will of TxDOT and have acted to create the likelihood of confusion and mistake on the part of the purchasing public as to the source of Defendants goods and/or services.
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60.
Defendants acts are likely to lead the public mistakenly to the belief that
Defendants goods and/or services are in some way related to, sponsored by, or associated with, TxDOT, and/or create the impression that Defendants and TxDOTs goods and/or services are distributed under the same corporate aegis and authority. 61. Defendants activities constitute unfair competition and a misappropriation and
infringement of TxDOTs registered and common law trademark rights, and have caused and will continue to cause irreparable injury, harm and damages to TxDOT unless enjoined by this Court. Count VI Request for Temporary Restraining Order, and Temporary and Permanent Injunctive Relief
62. forth herein. 63. 1125(c)(1)). 64.
TxDOT hereby repeats the allegations of paragraphs 1-61 above as if fully set
This cause of action arises under the Lanham Act (15 U.S.C. 1116(a) and
There is a present danger of irreparable harm if a temporary restraining order and
injunctive relief is not granted, since Defendants intend to publish the book entitled Dont Mess with Texas on or about August 23, 2011. TxDOT requires judicial relief prior to the publication of the Defendants book since the harm to the Mark will occur upon release of the book. 65. Accordingly, TxDOT requests that the Court enter a temporary restraining order
and an order preliminarily and permanently enjoining the Defendants from using Dont Mess with Texas, or anything confusingly similar thereto, in connection with any book titles, unless prior express written authorization is obtained from TxDOT.
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Jury Demand and Request for Injunctive Relief 66. TxDOT demands a trial by jury on all issues, in the event that this Court does not
enter the temporary and permanent injunctive relief requested herein. PRAYER WHEREFORE, the Texas Department of Transportation respectfully requests that this Court enter judgment against Defendants as follows: A. Finding that: (i) Defendants have violated Section 32 of the Lanham Act (15 U.S.C.
1114); Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)); and Section 43(c) of the Lanham Act (15 U.S.C. 1125(c)); (ii) Defendants have injured TxDOTs business reputation and diluted the
Mark in violation of 16.29 of the Texas Business and Commerce Code; (iii) Defendants have engaged in trademark infringement and unfair
competition under the common law of Texas; and (iv) Defendants have been and/or will be unjustly enriched in violation of
Texas common law. B. Granting a temporary restraining order and an injunction, pursuant to Rule 65 of
the Federal Rules of Civil Procedure, 15 U.S.C. 1116, 17 U.S.C. 502, and 16.29 Texas Business and Commerce Code, preliminarily and permanently restraining and enjoining Defendants, their officers, agents, employees, and attorneys, and all those persons or entities in active concert or participation with them from: 1. manufacturing, importing, advertising, marketing, promoting, supplying,
distributing, offering for sale, or selling any book or other product which bears the Mark,
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or any other mark or design element substantially similar or confusing thereto, and engaging in any other activity constituting an infringement of any of TxDOTs rights in or to the Mark; 2. engaging in any other activity constituting unfair competition with
TxDOT, or acts and practices that deceive consumers, the public, and/or trade; and, 3. engaging in any other activity that will cause the distinctiveness of the
Mark to be diluted. C. Requiring Defendants to re-title the book at issue and recall from any distributors
and retailers and to deliver to TxDOT for destruction or other disposition any inventory of the book at issue, including all advertisements, promotional and marketing materials therefore; D. Requiring Defendants to file with this Court and serve on TxDOT within thirty
days after entry of the injunction a report in writing under oath setting forth in detail the manner and form in which Defendants have complied with the injunction; E. Directing such other relief as the Court may deem appropriate to prevent
consumers, the public, and/or the trade from deriving any erroneous impression that any product at issue in this action that has been manufactured, imported, advertised, marketed, promoted, supplied, distributed, offered for sale, or sold by Defendants, has been authorized by TxDOT, or is related in any way with TxDOT and/or its products; F. Ordering Defendants to account to and pay to TxDOT all profits realized by their
wrongful acts and also awarding TxDOT its actual damages, and also directing that such profits or actual damages be trebled, in accordance with Section 35 of the Lanham Act (15 U.S.C. 1117);
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G.
Awarding TxDOT actual and punitive damages to which it is entitled under
applicable federal and state laws; H. Awarding TxDOT its costs, attorneys fees, and expenses to the full extent
provided by Section 35 and 43 of the Lanham Act (15 U.S.C. 1117 and 1125); I. Awarding TxDOT pre-judgment interest on any monetary award made part of the
judgment against Defendants; and, J. proper. Awarding TxDOT such additional and further relief as the Court deems just and
Respectfully submitted, /Dwayne K. Goetzel/ __________________________________________ Dwayne K. Goetzel Texas Bar No. 08059500 Eric B. Meyertons Texas Bar No. 14004400 Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C. 1120 S. Capital of Texas Hwy. Building 2, Suite 300 Austin, Texas 78746 (512) 853-8800 (telephone) (512) 853-8801 (facsimile) ATTORNEYS FOR PLAINTIFF TEXAS DEPARTMENT OF TRANSPORTATION
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2JS 44 (Rev. 12/07)
Filed CIVIL COVER SHEET 08/19/11 Page 1 of 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
TEXAS DEPARTMENT OF TRANSPORTATION
DEFENDANTS
CHRISTIE CRAIG, BARNES & NOBLE, INC., HACHETTE BOOK GROUP USA, AND GRAND CENTRAL PUBLISHING
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
(b) County of Residence of First Listed Plaintiff
Travis
(EXCEPT IN U.S. PLAINTIFF CASES)
Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C. P.O. Box 398, Austin, Texas 78767-0398 512-853-8800
(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
II. BASIS OF JURISDICTION

u 1
U.S. Government Plaintiff
(Place an X in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF u 1 Citizen of This State Citizen of Another State DEF u 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation
u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity

(Indicate Citizenship of Parties in Item III)
u 2
U.S. Government Defendant
u 2 u 3
u u
u 5 u 6
u 5 u 6
Citizen or Subject of a Foreign Country
IV. NATURE OF SUIT

CONTRACT
(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition
FORFEITURE/PENALTY
BANKRUPTCY
OTHER STATUTES
u u u u u u u u u u u u u u u u u u
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
u u u u u u u u u u u u u u u u
u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act
IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions
u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157

PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark
u u u u u u u u u u u u u u u u u u u
SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRSThird Party 26 USC 7609
u u u u u
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
V. ORIGIN
u 1 Original Proceeding
u 2 Removed from
State Court
(Place an X in One Box Only)
Appeal to District Appellate Court
u 3 Remanded from
u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)
u 7 Judge from Magistrate

Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:
15 U.S.C. sec. 1051 et seq.

DEMAND $ CHECK YES only if demanded in complaint: Yes u u No JURY DEMAND: DOCKET NUMBER
u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE
Trademark Infringement, etc.
SIGNATURE OF ATTORNEY OF RECORD
08/19/2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT
/Dwayne K. Goetzel/
APPLYING IFP
JUDGE
MAG. JUDGE

Compaint Texas Dept of Transportation V Christie

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CIVIL ACTION NO.

Defendants, unless otherwise individually specified.

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TxDOT has no adequate remedy at law.

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62. forth herein. 63. 1125(c)(1)). 64.

There is a present danger of irreparable harm if a temporary restraining order and

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Awarding TxDOT actual and punitive damages to which it is entitled under

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Case 1:11-cv-00726-SS Document 1-1

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Case 1:11-cv-00726-SS Document 1-1

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Case 1:11-cv-00726-SS Document 1-1