TV Tokyo Corporation v. The Partnerships and Unincorporated Associations Identified On Schedule A

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 35 to withdraw the mistakenly filed second motion for preliminary injunction 34 is granted. R. 34 is terminated. Emailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Edmond E. Chang on 5/16/2025. Mailed notice. (jn,)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction is granted. Given the answer deadline of 06/04/2025, R. 30, the tracking status hearing of 05/23/2025 is reset to 06/20/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 06/13/2025. If the Defendants do not answer on time, then they shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment by 06/13/2025. Mailed notice. (jn,)

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/06/2025. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/06/2025. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the joinder filing, R. 21, the Court finds that joinder is proper (at least absent adversarial presentation). The advertising text is virtually verbatim, including more than a dozen words in the same sequence and referring oddly and uniquely to particular seasons and holidays. (2.) The Plaintiff's motion 17 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). (The same principles apply to the copyright claims. 17 U.S.C. 504(b).) To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 15 for leave to file under seal is granted in light of the asset-restraint goal. A redacted version of the TRO will be entered publicly. The Plaintiff's request for electronic service of process is granted. The motion 16 for extra pages is granted. The tracking status hearing of 05/23/2025 remains in place, but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file a status report and, if appropriate, the TRO extension motion (or a preliminary injunction motion) no later than 05/16/2025. Emailed notice