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HireAHelper, LLC v. Move Lift, LLC

United States District Court, S.D. California

April 7, 2017

HireAHelper, LLC, a California Limited Liability Company Plaintiff,
v.
Move Lift LLC, a Texas Limited Liability Company; Simple Moving Labor, LLC, a Texas Limited Liability Company Defendants.

          ORDER

          WILLIAM Q.HAYES United States District Judge.

         The matter before the Court is the Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue (ECF No. 2) filed by Plaintiff Hire A Helper LLC ("Plaintiff').

         I. Allegations of the Complaint (ECF No. 1)

         On April 7, 2017, Plaintiff initiated this action by filing the Complaint (ECF No.1). Plaintiff alleges that Defendants Move Lift, LLC and Simple Moving Labor, LLC ("Defendants") have published material on Defendants' website that infringes on Plaintiffs copyright. Id. at ¶ 23-24. Plaintiff alleges that it has not "authorized [Defendants] to reproduce or copy anything including without limitation [Plaintiffs] copyrighted text and layout in [Defendants'] website." Id. at ¶ 25.

         Plaintiff alleges that its "executives began pursuing Budget Truck Rentals, LLC ('Budget') for [Plaintiff] to enter into a contract in which Budget would refer its customers to [Plaintiffs] online marketplace. The Potential Budget Contract is projected to generate many millions of dollars of additional revenue and profits for [Plaintiff].” Id. at ¶ 16. Plaintiff alleges that “[o]n or about January 11, 2017, after nearly seven years attempting to secure the Potential Budget Contract, on January 11, 2017, Budget's representative... called [Plaintiffs] Head of Sales & Marketing, Ryan Charles, requesting that he travel to Budget's office in New Jersey to present [Plaintiffs] bid for the Potential Budget Contract. [Plaintiffs] bid was presented for the Potential Budget Contract in person to Budget in Parsippany, New Jersey on March ., 6, 2017.” Id. at ¶ 17. “On information and belief, [Defendant] MoveLift met with Budget between March 10, 2017, and April 1, 2017, to present MoveLift's bid for the Potential Budget Contract based in part on MoveLift's website that included material wrongfully copied from and infringing upon [Plaintiffs] copyright in [Plaintiffs] website.” Id. at 18. Plaintiff alleges that “Budget is currently considering either [Plaintiffs] bid or MoveLift's bid for the Potential Budget Contract.” Id. at 119.

         Plaintiff alleges that “[f]urther irreparable harm to [Plaintiff] is imminent as a result of [Defendants'] conduct, and [Plaintiff] is without an adequate remedy at law. [Plaintiff] is entitled to emergency, temporary, preliminary and permanent injunctive relief restraining [Defendants], their officers, directors, agents, employees, representatives and all persons acting in concert with them from engaging in further such acts of copyright infringement.” Id. at 26. Plaintiff includes two claims for relief in the Complaint: (1) copyright infringement; and (2) unfair competition. Id. at ¶¶ 20-34. Plaintiffs prayer for relief includes a request for a temporary restraining order, preliminary and permanent injunction against Defendants, “actual damages plus [Defendants'] profits gained as a consequence of [Defendants'] infringement of [Plaintiffs] copyright in an amount to be prove at trial[, ]” statutory damages, punitive damages, prejudgment interest on all amounts owed, and for fees. Id. at 7.

         II. Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue (ECF No. 2)

         Concurrent with the Complaint, Plaintiff filed the Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue (ECF No. 2). Plaintiff contends that

Defendants are misusing material copied from [Plaintiff] within the last six weeks to unfairly interfere and compete with [Plaintiff] for a contract with Budget that [Pfaintiff] has been pursuing for seven years. Budget's award of the contract is now under active consideration. An emergency temporary restraining order is urgently needed to prevent the irreparable harm that result if Budget were to award the contract to Defendants based Defendants' copyright infringements of [Plaintiffs] material developed over 11 years at a cost ofhundreds of thousands of dollars.

(ECF No. 2 at 2). Plaintiff requests that the Court enter “a temporary restraining order and a preliminary injunction prohibiting Defendants from publishing in any way the content contained in HireAHelper's website at www.hireahelper.com and barring [Defendants] from negotiating for or entering into any contracts with Budget.” (ECF No. 2-1 at 3). Plaintiff contends that

The Potential Budget Contract would'represent a substantial part of [Plaintiffs] revenue and would enable [Plaintiff] to obtain other new business relationships that it has lost due to [Defendants ] copyright infringement. Proof of the amount of the loss would be extraordinarily difficult or impossible. Such loss cannot be compensated by money damages and is irreparable in nature.

Id. at 5.

         III. Analysis

         A. Temporary ...


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