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ABS-CBN Corp. v. Does

United States District Court, C.D. California

July 5, 2017

ABS-CBN CORPORATION, a Philippines corporation, ABS-CBN FILM PRODUCTIONS, INC. d/b/a Star Cinema, a Philippines corporation, and ABS-CBN INTERNATIONAL CORPORATION, a California corporation, Plaintiffs,
v.
JOHN DOES 1-10 inclusive d/b/a THE INDIVIDUALS, PARTNERSHIPS, OR BUSINESS ASSOCIATIONS ON SCHEDULE “A, ” inclusive, Defendants.

          SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations SEONG KIM (Cal. Bar No. 166604) REBECCA EDELSON (Cal. Bar No. 150464) Attorneys for Plaintiffs ABS-CBN CORPORATION, ABS-CBN FILM PRODUCTIONS, INC., and ABS-CBN INTERNATIONAL

          [PROPOSED] AMENDED FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION

          HON. PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE

         THIS MATTER having come before the Court upon Plaintiffs ABS-CBN Corporation's, ABS-CBN Film Productions, Inc. d/b/a Star Cinema's, and ABS-CBN International's (collectively, “ABS-CBN” or “Plaintiffs”) Motion for Entry of Final Default Judgment against Defendants JOHN DOES 1-10 inclusive doing business as or operating the domain names listed on Schedule “A” hereto (the “Defendants”), and the Court having granted the Motion for Entry of Default and ABS-CBN having previously dismissed without prejudice all other defendants and claims not arising from the content on the websites using domain names listed on Schedule “A” hereto pursuant to Fed. R. Civ. Proc. R. 41(a)(1)(A)(i), does hereby;

         ORDER AND ADJUDGE that Plaintiffs' Motion for Entry of Final Default Judgment against Defendants is GRANTED. Judgment is hereby entered in favor of Plaintiffs, and against Defendants, as follows:

         1. Permanent Injunctive Relief:

         Defendants and their respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and enjoined from intentionally and knowingly:

a. advertising, promoting, performing, copying, broadcasting, and/or distributing any of Plaintiffs' content or copyrighted works that currently exist or which exist in the future, including but not limited to those works identified on Exhibit A hereto (collectively, “Copyrighted Works”);
b. advertising, promoting, offering, using, or causing to be advertised, promoted, or offered, services using Plaintiffs' registered or common law trademarks identified, including but not limited to those identified on Exhibit B hereto, (collectively, the “ABS-CBN Marks”);
c. using the ABS-CBN Marks in connection with any unauthorized services or performances of Plaintiffs' content or Copyrighted Works;
d. using any logo, and/or layout which may be calculated to falsely advertise content, services, or products of Defendants offered or promoted via the domain names identified hereto on Schedule “A” (the “Subject Domain Names”) and/or any other website, domain name, or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Plaintiffs;
e. falsely representing themselves as being connected with Plaintiffs, through sponsorship or association;
f. engaging in any act which is likely to falsely cause members of the trade and/or of the public to believe any content or services of Defendants are in any way endorsed by, approved by, and/or associated with Plaintiffs;
g. using any reproduction, counterfeit, copy, or colorable imitation of the ABS-CBN Marks in connection with the publicity, promotion, advertising, or distribution of any content or services by Defendants via the Subject Domain Names and/or any other website;
h. affixing, applying, annexing or using in connection with the promotion, distribution, or advertisement of any content or services, a false description or representation, including words or other symbols tending to falsely describe or represent Defendants' content or services offered by the Defendants via the Subject Domain Names and/or any other website or business, as being connected with Plaintiffs, or in any way endorsed by Plaintiffs;
i. otherwise unfairly competing with Plaintiffs;
j. using the ABS-CBN Marks, or any confusingly similar trademarks, within domain name extensions, metatags or other markers within website source code, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines' databases or cache memory, and any other form of use of such terms which is visible to a computer user or serves to direct computer searches to websites registered by, owned, or operated by Defendants, including the Internet websites operating under the Subject Domain Names;
k. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth above.

         2. Additional Equitable Relief:

a. In order to give practical effect to the Permanent Injunction, the Subject Domain Names identified on Schedule “A” hereto are hereby ordered to be immediately transferred by Defendants, their assignees and/or successors in interest or title, and the Registrars to Plaintiffs' control. To the extent the current Registrars do not facilitate the transfer of the domain names to Plaintiffs' control within five (5) days of receipt of this judgment, the Registries shall, within thirty (30) days, change the Registrars of Record for the Subject ...

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