Makiko Kimura v. The Partnerships and Unincorporated Associations Identified On Schedule A

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 21 before Honorable Manish S. Shah on 8/8/2024 at 09:45 AM. (Vogt, Keith) (Entered: 08/05/2024)

MEMORANDUM by Makiko Kimura in support of motion for preliminary injunction 21 (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1, of Keith A. Vogt's Declaration)(Vogt, Keith) (Entered: 08/05/2024)

MOTION by Plaintiff Makiko Kimura for preliminary injunction (Vogt, Keith) (Entered: 08/05/2024)

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 7/25/2024. Notices Mailed. (psm, ) (Entered: 07/25/2024)

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 11 12 13 are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $100,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed. (psm, ) (Entered: 07/25/2024)