United States District Court, S.D. California
HireAHelper, LLC, a California Limited Liability Company Plaintiff,
Move Lift LLC, a Texas Limited Liability Company; Simple Moving Labor, LLC, a Texas Limited Liability Company Defendants.
WILLIAM Q.HAYES United States District Judge.
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').
Allegations of the Complaint (ECF No. 1)
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.
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.
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.
Ex Parte Application for Temporary Restraining Order and
Order to Show Cause Why Preliminary Injunction Should Not
Issue (ECF No. 2)
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.