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Catchplay Inc. (Cayman) and Catchplay Inc. (Taiwan v. Studio Solutions Group

October 19, 2012


The opinion of the court was delivered by: Judge: Hon. George H. Wu


Complaint Filed: August 31, 2012

Plaintiffs CatchPlay Inc. (Cayman) and CatchPlay Inc. (Taiwan) (collectively "Plaintiffs" or "CatchPlay") have moved for a Preliminary Injunction (the "Motion") pursuant to Rule 65 of the Federal Rules of Civil Procedure and Rule 65-1 of the Local Rules of this Court against Defendants Studio Solutions Group, Inc. ("SSG") and Johnny Lin ("Lin") (collectively, "Defendants"). The Court, having reviewed the supporting and opposing briefs, declarations and exhibits submitted by the parties, and having conducted a hearing on October 11, 2012 and October 15, 2012, finds as follows: (1) CatchPlay is likely to prevail on the merits of its declaratory relief and breach of contract claims against SSG;

(2) CatchPlay will likely establish that SSG has no basis to terminate

CatchPlay's Taiwanese distribution rights in the audiovisual works that are the subject of written agreements between CatchPlay and SSG;

(3) CatchPlay has established that it will suffer irreparable harm if the injunction does not issue because the audiovisual works are unique and CatchPlay will suffer damage to its reputation, goodwill and commercial relationships;

(4) CatchPlay's harm from the denial of the requested relief would outweigh any potential harm to Defendants' legitimate interests from granting this Order; and

(5) A preliminary injunction would be in the public interest given the amounts Plaintiffs have already paid for the works, the distribution agreements they already have in place and/or have planned and the fact that the continued distribution would inure to the benefit of both the studios/producers and the Taiwanese viewing public.

THEREFORE, IT IS ORDERED THAT, during the pendency of this action and until further Order from the Court, Defendants and their officers, agents, servants, employees, attorneys, confederates, and all persons who are in active concert or participation with them are enjoined from:

(a) purporting to terminate and/or terminating any of CatchPlay's rights to distribute, exploit and/or release in Taiwan the approximately 945 audiovisual works listed alphabetically on Schedule A and by licensor on Schedule B (the "Audiovisual Works");*fn1

(b) interfering in any way with the rights granted to CatchPlay in the written agreements with SSG for each of the Audiovisual Works, provided that CatchPlay complies with its material obligations under those agreements. During the pendency of this action, the parties shall not alter their respective rights and obligations under those agreements and, in the event of any dispute regarding the performance of any material obligations under those agreements, either party may file, upon providing one day notice to the opposing party, an ex parte application with the Court to address the issue(s) in dispute. Moreover, if a party fails to cooperate pursuant to the terms of this Preliminary Injunction, the other party may file, upon providing one day notice to the opposing party, an ex parte application with the Court to address the issue(s) in dispute;

(c) relicensing to any third parties any of the Audiovisual Works before the Court has fully adjudicated the rights and obligations of the parties.

(d) Plaintiffs shall provide security in the amount of $600,000 for the payment of such costs and damages as may be sustained by Defendants if they are ultimately

found to have been wrongfully enjoined.


Hon. George H. Wu United States District Judge

Schedule A*fn2

10 Items or Less 187 200 Cigarettes 2001 Maniacs 2010 Ice Age 2010: Moby Dick 22 Bullets 288 Arletta Street 3 Idiots 30 Days Until I'm Famous 44 Inch Chest 51 54 6 x Bollywood Movies_1*fn3 6 x Bollywood Movies_2 6 x Bollywood Movies_3 6 x Bollywood Movies_4 6 x Bollywood Movies_5 6 x Bollywood Movies_6 88 Minutes A Dangerous Man A Friend of the Family Aashayein Abandoned Abduction About Adam Adeline Adventureland

Adventures of Tom Thumb and Thumbelina Africa United After Life Agora Alatriste Albert Nobbs All Good Things All Hat Almighty Thor Alpha and Omega Altitude American Cousins Amityville Horror Amityville II Amityville III Amores Perros An Ideal Husband An Invisible Sign And Soon the Darkness And Soon The Darkness Anything Else Apollo 18 Arabian Knight (Thief and the cobbler) Arbitrage Arlington Road ATM Attraction Autumn In New York Avalon

B.Monkey B-13 Backstage Bad Lieutenant Balls Out Bandslam Bangkok 8 Barney's Version Barria Basquiat Baster Battle Of Los Angeles Battle Of Shaker Heights Be Kind Rewind Beastly Beautiful Girls Beer for My Horses Behind The Sun Bel Ami Below Beyond A Reasonable Doubt Beyond The Sea Bff and Baby B-Girl Big Fan Big Fat Important Movie Big One Bionicle 2: Legends of Metru Nui Bionicle 3: Web of Shadows Birds Of America Birthday Girl Bitch Slap Bitter Feast Black Dynamite Black Moon Rising Blackball Blank Slate Bless the Child (Available 2013) Blink Blitz Blood Guts Bullets and Octain Blue Car Blue In The Face Blue Steel Boogieman 3 Book of Shadows Blair Witch II Bootcamp Born to Raise Hell Botched Bottle Shock Bounce Boy In The Striped Pajamas Boys And Girls (Dimension Films) Bratz Bright Star Brooklyn Rules

Brooklyn's Finest Brothers Grimm Buffalo 66 Bullet Bullets Over Broadway Bunraku Buried Alive Burning Plain Bustin' Down the Door Butter Cabin Fever 2 Caffeine Caged Carlos Carriers Castle Catch 44 Catfish Celebrity Center of the World Centurion Ceremony Charlie Countryman Chasing Amy Chicago Children Of The Corn 666: Isaac's Return Children Of The Corn IV: The Gathering Children Of The Corn V: Fields Of Terror Children Of The Corn VII: Revelation Children Of Heaven Children Of The Corn Children Of The Corn Ii Children Of The Corn Iii Chloe Chocolat Chronicles of Riddick Cider House Rules Citizen Ruth City Island Class of 1999 Cleaner Clerks Clerks (Series)

Clerks (YR 1 1999/00 EPS 1-6) Cobu 3D Cold Mountain College Columbiana Come Early Morning Comedian Comic Book Villains Committed Conan Confess Confessions Of a Dangerous Mind Conviction Cop land Cord Coriolanus COSI Cosmopolis Crank Crank 2 Crash (TV Series)

Crash Season 2 Creepshow 2 Crime Insiders Crimes of Passion Cross Fire Crossing Guard Crossworlds Crow2, The City of Angles Crude Oasis Cube Cube 2 Curandero Curdled Curse of the Jade Scorpion Cursed Daddy and Them Daltry Calhoun Dan in Real Life Dare Dark Matter

Dark Seduction Dark Side Darling Companion Day of the Dead Dead and Gone Dead Heat Dead Heist Deadfall Dear Frankie Dear John Dear John Death Proof Deconstructing Harry Deep Blue Sea Deep In The Valley Delta Farce Dentist Dentist 2 Detroit 9000 Devil's Teeth Dibbuk Box Dirty Dancing Dirty Dancing:Havana Nights (Dirty Dancing2)

Dirty Pretty Things Don't Be A Menace To South Central While Drinking Your Juice In The Hood Don't Be Afraid of The Dark Don't Look Up Double Whammy Doubt Down To You Drag Me to Hell Dream Me A Murder Drive Drive Angry 3D DrunkenTai Chi Dune Duplex Dying Breed Eagle of the Ninth Eastern Promises Edge of Darkness Education of Charlie Banks

Electric Mist Elektra Luxx Elephant Juice Elite Squad Elite Squad 2 Ella Enchanted Emergo Emma Employee of the month Enders Game English Patient Englishman Who Went Up A Hall,But Came Down.. Equilibrium Esposados Everest Everybody's Fine Everyone Says I Love You Everything Must Go Exodus Expandable Expendables 2 Extreme Movie Face in The Crowd Facing Ali Factory Factory Girl Faculty (Dimension)

Fairy Tale: A True Story Faithful Fall Down Dead FATWA Fear Itself (TV Series) Feast Feast 2 Feast 3 Federal Hill Female Agents Female Perversions Fertile Ground Fido Final Encounter (For The Cause)

Finding Neverland

Fingerprints Fire and Water Five Fingers Flashback of a Fool Flirting With Disaster For Colored Girls Four Feathers Four Rooms Frank Miller's Sin City:Recut, Extended,Unrated Frankenstein Fresh Frida From Dusk Till Dawn From Dusk Till Dawn 2: Texas Blood Money From Dusk Till Dawn 3: Hangman's Daughter From Paris With Love Frozen Full Frontal Full Tilt Boogie Gambit Game 6 Game of Death Generation Um Get Bruce! Get Over It Ghost Writer Gift Girl in the Park Girlfriend Experience Girls Just Wanna Have Fun Glory Days (Series)

God Said,Ha!

Going All The Way Gone Baby Gone Good Good Guy Good Old Fashioned Orgy Good Will Hunting Gordy Grace is Gone Grand Theft Parsons Great Debater

Great Raid Greenburg Grudge 3 Halflight Halloween 2 Halloween II Halloween III: Season of the Witch Halloween VI: The Curse Of Michael Meyers Halloween: H20 Halloween: Resurrection (Halloween 8) Hamburger Hill Hamlet Hamlet Hamlet (2000, Miramax)

Happily Never After 2 Happy,Texas Hard Candy Hard Day's Night Hatchet 2 Haunting Of Winchester House 3D Hav Plenty Haven (2001)

Haywire Head Shot Heartlands Heat Island Heathers Heaven (1999) Heaven (2002)

Heavenly Creatures Hell Ride Hellraiser Hellraiser 1 Hellraiser 2 Hellraiser 3 Hellraiser V: Inferno Hellraiser VI: Hellseeker Hellraiser VII: Deader Hellraiser VIII: Hellworld Henry's Crime Hidden Palms Highlander: Endgame ( Highlander 4) Hollywood Ending Hollywoodland Holy Smoke Hong Kong 97 Host House Hot Tub library title_1*fn4

Hot Tub library title_2 Hot Tub library title_3 Hot Tub library title_4 Hot Tub library title_5 Hot Tub with 5 library titles Hours House at the End of the Street How I Spend My Summer Vacation How to Rob a Bank Human Stain Hunger Hunger Games Hungry Rabbit Jump Husk I Come with the Rain I Don't Know How She Does It I Got The Hook-Up I Love You Too I Spit On Your Grave Iceman I'm Crazy About Iris Blond Imagining Argentina Immortal Beloved Immortals Impostor In Their Sleep In Too Deep Infestation Inside Ring Insidious Into The Sun Into the West Inventory Invincible (2001)

Iron Lady Isolation Jack Jack and Jill v.the world Jackie Brown Jane Eyre Jay And Silent Bob Strike Back JCVD Jersey Girl Jesus Henry Christ Joneses Journey Of August King Journey To The Center Of The Earth Journey to the End of the Night Just A Kiss Just Another Girl On The I.R.T K2 Kane and Lynch Kate And Leopold Keeper Keeping Up With The Steins Kick Ass KickBoxer Kill Bill:Volume 1 Kill Bill:Volume 2 Kill Point (TV Series)

Kill theory Killer Joe Killers killing Down Killing Me Softly King James Bible King's Speech Kinky Boots Kites Kites: Brett Ratner Remix Kokoda Kolya La Seconda Moglie

Larger Than Life Larry Crowne Last Days of American Crime Last Flight Leaves of Grass Leprechaun 1 Leprechaun 2 Leprechaun 3 Leprechaun 4 Leprechaun 5 Liberty Stands Still Lie Down With Dogs Lies and Illusions Life Life Before Her Eyes Life Is Beautiful-1998 ( La Vita E Bella)

Life With Judy Garland: Me And My Shadows Limitless Lincoln Lawyer Liquid Bridge Little Fish Little Voice ( Rise And Fall)

Little White Lies Living and Dying Living Hell Lock Down LOL London Blvd Long Weekend Lookout Lords of Salem Love & A .45 Love and Other Pursuits Love Crime Lucky Ones Macbeth Machine Gun Preacher Mad Men Season 1 (TV Series)

Mad Men Season 2 (TV Series)

Mad Men Season 3 Mad Men ...

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