“Just last week, in an apparent effort to brag about how successful they have been in harming WPE, Defendants created a website—www.wordpressenginetracker.com—that “list[s] . . . every domain hosted by @wpengine, which you can see decline every day. 15,080 sites have left already since September 21st.
September 21 was not selected randomly. It is the day after Defendants’ self-proclaimed nuclear war began – an admission that these customer losses were caused by Defendants’ wrongful actions. In this extraordinary attack on WPE and its customers, Defendants included on their disparaging website a downloadable file of ‘all [WPE] sites ready for a new home’—that is, WPE’s customer list, literally inviting others to target and poach WPE’s clients while Defendants’ attacks on WPE continued..”
But available transcripts of the preliminary injunction hearing of November 26th do not show that it was mentioned. The judge at that hearing asked the plaintiff and defendants to return to court on Monday December 2nd with an agreement on a narrow and specific scope for a preliminary injunction, having said that the original request was too vague and consequently unenforceable.
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