IN THE CIRCUIT COURT OF NEW YORK COUNTY

         Division of Internet Crime and Copyright Infringement

Die Presse-verlagsgesellschaft M.b.h. & Co Kg,

         Plaintiffs,

vs.

Ubermorgen, Haas & Bernhard Oeg, Hans Bernhard, Liz Haas, Lizvlx, EIS AG / Joker.com

         Defendants.

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)         02 CE 023
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PRELIMINARY INJUNCTION ORDER

This matter coming before the Court upon Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction pursuant to Sections 5, 13 and 18 of the International Code of Civil Procedure (552, 131, 481 and 613), seek declaratory judgment, injunctive and other relief against said Defendants either jointly, severally or in the alternative, and upon Plaintiffs' verified Complaint for Declaratory Judgment, Injunction and other relief filed against Defendants Ubermorgen, Haas & Bernhard Oeg Hans Bernhard, Liz Haas, Lizvlx, EIS AG / Joker.com, and the Court having reviewed and considered the allegations in the verified complaint and exhibits thereto, as well as evidence presented at the hearing on this Motion, and having heard and considered oral argument, the Court finds as follows:

1.     This Court has subject matter jurisdiction over this action.

2.     This Court has personal jurisdiction over all of the parties in this action.

3.     Venue is proper in New York County.

4.     Plaintiffs Die Presse-verlagsgesellschaft M.b.h. & Co Kg, having standing to bring this action.

5.     Plaintiffs have demonstrated a likelihood of success on the merits and the proofs, once submittedwould likely show that:

A.     Defendants Ubermorgen, Haas & Bernhard Oeg Hans Bernhard, Liz Haas, Lizvlx, EIS AG / Joker.com, and those acting in concert with them, have violated the laws of the State of New York and of the United States by by reversing corporate signs for their commercial purposes, including the main layout of a poster, the name of a section of the newspaper and original picture material.

B.     These Defendants' continued use and operation of the Internet web site known as "ubermorgen.com", a sub-site "ubermorgen.com/diepresse" and "ubermorgen.com/baby/" as a forum for the purpose of encouraging, soliciting and allowing residents of New York to and encouraging, soliciting and allowing individuals and corporations to constitutes knowing and willful violations of the laws of the State of New York and of the Unites States that will result in illegal activity if not prevented.

C.     These Defendants and all those acting in concert with them, including those New York residents who have or will engage in or who have or will engage in actions as described above, owe a duty to Plaintiffs and to all citizens of the State of New York not to violate the laws of the State of New York and of the United States.

D.     These Defendants and all those acting in concert with them, including those New York residents who have or will engage in actions as described above, owe a duty to Plaintiffs and to all citizens of the State of New York not to deprive them of their rights and privileges under the Constitutions and laws of the State of New York and of the United States to a save and truthworthy depiction of reality on and in the internet.

E.     These Defendants and all those acting in concert with them, including those New York residents who have or will engage in actions as described above or who have or will deprive and defraud, and will continue to deprive and defraud if not enjoined, the Plaintiffs and all citizens of the State of New York of their rights and privileges under the Constitutions and laws of the State ofNew York and of the United States to a save and truthworthy depiction of reality on and in the internet.

F.     That anyone engaging in actions as described above or attempting to engage in actions as described above, and anyone attempting to engage others in actions as described above is in violation of the laws of the State of New York and of the United States as enumerated herein.

6.     Plaintiffs possess certain and clearly demonstrated rights which need protection.

7.     Plaintiffs will suffer irreparable harm without protection of an injunction.

8.     There is no adequate remedy at law to compensate for Plaintiffs' injuries.

9.     In the absence of injunctive relief, the Plaintiffs would suffer greater harmwithout an injunction than Defendants will suffer it is issued.

10.     Defendants have been notice of the Plaintiffs' Emergency Motion for a Temporary Restraining Order.

IT IS THEREFORE ORDERED that:

1.     Defendants and all those acting in concert with them are enjoined from:

A.     Using or operating any Internet web site that encourages or allows residents of New York to access material as depicted on Defendants' web site.

B.     Using, operating, facilitating or accessing domain name "ubermorgen.com" and to remove such web site from the Internet completely or, in the alternative, to modify the Internet web site known as "ubermorgen.com" so as to remove any illegal content.

C.     Allowing or continuing registration of the Internet domain name "ubermorgen.com" or any other domain name offering substantially the same service as "ubermorgen.com".

D.     Using or operating in the State of New York any Internet web site by any name in any manner that would violate prohibitions in the laws of the State of New York and of the United States.

E.     Accepting from residents of the State of New York any registration or offer to use any services provided by the web site known as "ubermorgen.com" and to modify their web site to indicate that all registrations or offers to make use of the web site by New York residents will be denied.

2.     Defendants and all those acting in concert with them and order them shall immediately disclose to the proper authorities the names and addresses of every individual in New York who has taken part or made use of the web site known as "ubermorgen.com" and the names and addresses of every individual and/or entity that has paid or has offered to pay for services of the web site known as "ubermorgen.com".

3.     Defendants shall within 15 days report to the Court on the measures they have taken to implement this order.

4.     The Court shall retain jurisdiction over this matter.

Entered: _______________________________