Case 2:17-cv-00138-DB Document 16 Filed 03/02/17 Page 1 of 5

James E. Magleby (7247)
magleby@mcgiplaw.com
Christine T. Greenwood (8187)
greenwood@mcgiplaw.com
Adam Alba (13128)
alba@mcgiplaw.com
MAGLEBY CATAXINOS & GREENWOOD
170 South Main Street, Suite 1100
Salt Lake City, Utah 84101-3605
Telephone: 801.359.9000
Facsimile: 801.359.9011
Attorneys for Purple Innovations, LLC
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

PURPLE INNOVATIONS, LLC, A
Delaware limited liability company,

TEMPORARY RESTRAINING ORDER

Plaintiff,
v.
HONEST REVIEWS, LLC, a Florida
Corporation, RYAN MONAHAN, an
individual, and GHOSTBED, a
Delaware corporation,
Defendants.

Case No.: 2:17-cv-00138-PMW
Honorable Dee Benson

Based upon the Motion for Temporary Restraining Order (Dkt. 8) (the “TRO
Motion”) filed by Plaintiff Purple Innovations, LLC (“Plaintiff” or “Purple”), against
Defendants Honest Reviews, LLC, dba as or through www.honestmattressreviews.com
(“HMR”), Ryan Monahan (“Monahan”), and GhostBed, Inc. (“GhostBed”) (collectively,
“Defendants”), for good cause shown, and pursuant to Federal Rule of Civil Procedure
65, the Court orders as follows:

 Case 2:17-cv-00138-DB Document 16 Filed 03/02/17 Page 2 of 5

1.

This Order was issued on March 2, 2017, at the hour of 1:00 P.M.

2.

This Order shall remain in effect for 14 days following the entry of this

Order, unless the Court for good cause extends the Order or Defendants otherwise
consent to a longer extension.
3.

Plaintiff has a substantial likelihood of prevailing on the merits of the

claims for which injunctive relief is sought, and there are serious issues on the merits of
those claims that merit further litigation, including Plaintiff’s claims that Defendants have
violated the Lanham Act, defamed Purple and its goods, and tortiously interfered with
Purple’s economic relations.
4.

Unless an injunction issues, Plaintiff will suffer irreparable harm, including

but not limited to permanent injury to its goodwill and reputation, its ability to do
business, and/or a loss of business in an amount difficult or impossible to quantify in
monetary amount.
5.

Plaintiff has provided multiple declarations, reflecting notice to the

Defendants, through various means. The Court is satisfied that the Defendants have
notice of these proceedings. Given the irreparable harm Plaintiff has suffered and will
continue to suffer until an injunction is issued, further delay is unwarranted.
6.

An injunction would not be adverse to the public interest.

7.

The threatened injury to Plaintiff outweighs whatever damage an

injunction could cause to Defendants.
8.

Therefore, under Rule 65 of the Federal Rules of Civil Procedure and 15

U.S.C. § 1116(a), Plaintiff is entitled to a temporary restraining order (“TRO”).

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9.

Defendants are hereby ORDERED as follows:
(a)

Defendants shall immediately remove each of the four “Articles”

and the “PSA” regarding Purple and its products, as identified in Plaintiff’s TRO
Motion ¶ 37 and elsewhere in the motion, from the
www.honestmattressreviews.com website, from all social media forums,
including, without limitation, Facebook, Twitter, YouTube, and Instagram, and
from any other online location where the statements are located;
(b)

Defendants shall immediately remove the “Disclaimer” statements

identified in Plaintiff’s TRO Motion, ¶¶ 132-134, 137-38, from the
www.honestmattressreviews.com website, from all social media forums,
including, without limitation, Facebook, Twitter, YouTube, and Instagram, and
from any other online location where the statements are located;
(c)

Defendants shall immediately remove the “Poor” ranking of Purple

from the “Industry Leading Mattress Reviews” section, identified in the TRO
Motion ¶ 143, from the www.honestmattressreviews.com website, from all social
media forums, including, without limitation, Facebook, Twitter, YouTube, and
Instagram, and from any other online location where the statements are located;
(d)

Defendants shall immediately cease from any online promotion of

the statements referenced in preceding sub-paragraphs (a)-(c), including through
any Facebook advertising or promotion.
(e)

Defendants shall not attempt to circumvent the intent of this Order

by make new statements about Purple or its products which are false and

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misleading and convey the same substantive message as in the statements
referenced in preceding sub-paragraphs (a)-(c), including through the “clever use
of innuendo, indirect intimations, and ambiguous suggestions.” Cotrell, Ltd. v.
Biotrol Int’l, Inc., 191 F.3d 1248, 1252 (10th Cir. 1999) (citations omitted).
(f)

In accordance with 15 U.S.C. § 1116(a) Defendants shall, within

thirty days from the date this Order is served upon them, file with the Court and
serve upon Purple a report under oath setting forth in detail the manner and form
in which Defendants have complied with the injunction; and
(g)

Defendants are hereby restrained from making false, misleading, or

confusing posts or discussions on social media or otherwise about the existence
of this lawsuit, the Court’s temporary restraining order or other any other orders
that may be issued by the Court, or about Purple’s efforts in this lawsuit to
restrain Defendants from continuing to engage in the conduct at issue, in an
attempt to circumvent the purpose of the injunctive relief sought by Purple.
10.

This Order binds and is enforceable against not only Defendants, but also

Defendants’ officers, agents, servants, employees, and attorneys, and any other persons
who are in active concert or participation with Defendants and/or Defendants’ officers,
agents, servants, employees, and/or attorneys.

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11.

This Order is issued without bond.

DATED this 2nd day of March, 2017.
UNITED STATES DISTRICT COURT

_______________________________
JUDGE DEE BENSON
FEDERAL DISTRICT COURT JUDGE

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