Yiwu Yuxin E-Commerce Firm v. The Partnerships and Unincorporated Associations Identified in Schedule A

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, defendants would take steps to defeat plaintiff's interests in identifying defendants and stopping the infringement. 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 conduct an accounting. But the court concludes that an asset restraint against all assets of the defendants is not necessary or appropriate given the harm to defendants from something as extreme as a total restraint on their assets. Moreover, the court has some doubts about the likelihood of success on the merits (and whether the accused products are derived from plaintiff's copyrighted works). The asset restraint is limited to third-party accounts for proceeds traceable to the sale of infringing products. The court also has doubts about whether plaintiff's proposed order complies with Rule 65(d) because an injunction must describe the acts restrained without reference to another document, but plaintiff proposes referring to an exhibit to the complaint. There is a risk that the injunction is wrongful both procedurally and substantively. Security in the amount of $50,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.