Barry Diller v. BarryDriller Content Systems Plc et al

Filing 25

ORDER FOR PRELIMINARY INJUNCTION by Judge Audrey B. Collins: Plaintiff Barry Diller's application for preliminary injunction ("Plaintiff'sApplication") against Defendants Barry Driller Content Systems Plc, Barry Driller, Inc., Aer eokiller, LLC, FilmOn.com, Inc., Alkiviades David, a/k/a Alki David, and Does 1-10 (collectively "Defendants") came on regularly for hearing before thisCourt on September 10, 2012....IT IS HEREBY ORDERED THAT: Defendants, and each of them, as well as their past, present, and future subsidiary, successor, affiliated or related companies, as well as their respective officers, directors, members, partners, principals, agents, representatives, shareholders, investors, employees, successors and assigns, including any websites such entities or individuals own or control, and any and all others acting in active concert or participation with them, at their direction, or on their behalf in any capacity, are hereby PRELIMINARILY ENJOINED wh ile this action is pending from using the terms "Barry Diller," "Barry Driller," "BarryDriller.com," "BarryDriller, Inc.," "BarryDriller Content Systems Plc.," any confusingly similar variant of the f oregoing, or any other aspect of the trademarks, name, voice, likeness, or other indicia of identity of Plaintiff Barry Diller (i) in connection with the operation of Defendants' or any other commercial websites, (ii) to divert internet users to Defendants' or any other websites, (iii) to promote Defendants' businesses, or (iv) in any other manner to infringe on Plaintiffs trademarks, rights of publicity, or other rights. The bond previously posted by Plaintiff and filed with this Court on August 29, 2012 shall remain in effect for the duration of this action as security for payment of such costs and damages, if any, as may be incurred or suffered by any party who is subsequently found to have been wrongfully enjoined or restrained hereby. (lw)

1 2 3 4 5 6 7 8 ROBERT H. PLATT (Bar No. CA 108533) rplatt@manatt.com MARK S. LEE (Bar No. CA 094103) mlee@manatt.com SETH REAGAN (Bar No. CA 279368) sreagan@manatt.com MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064-1614 Telephone: (310) 312-4000 Facsimile: (310) 312-4224 Attorneys for Plaintiff BARRY DILLER 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 BARRY DILLER, 13 14 15 Case No. CV 12-07200 ABC (JCx) Plaintiff, [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION vs. 18 19 Date: September 10, 2012 Place: Courtroom of the Hon. Audrey B. Collins BARRY DRILLER CONTENT SYSTEMS PLC; BARRY DRILLER, INC.; AEREOKILLER, LLC; FILMON.COM, INC.; ALKIVIADES DAVID, A/K/A ALKI DAVID, an individual, and DOES 1 through 10, inclusive, Defendants. 16 17 20 21 22 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP ATTORNEYS AT LAW LOS ANGELES 1 1 2 ORDER Plaintiff Barry Diller’s application for preliminary injunction (“Plaintiff’s 3 Application”) against Defendants Barry Driller Content Systems Plc, Barry Driller, 4 Inc., Aereokiller, LLC, FilmOn.com, Inc., Alkiviades David, a/k/a Alki David, and 5 Does 1-10 (collectively “Defendants”) came on regularly for hearing before this 6 Court on September 10, 2012. Robert H. Platt and Mark S. Lee of Manatt, Phelps 7 & Phillips, LLP appeared on behalf of Plaintiff. Ryan G. Baker and Christian A. 8 Anstett of Baker Marquart LLP appeared on behalf of Defendants Alkiviades 9 David, Aereokiller, LLC, and FilmOn.com, Inc. 10 The Court having considered Plaintiff’s Application, the papers submitted in 11 support of and in opposition thereto, the oral arguments of all parties at the hearing, 12 and all other relevant records in this case, and finding good cause, Plaintiff’s 13 Application is HEREBY GRANTED for the reasons stated in the Court’s Tentative 14 Order issued on September 10, 2012. Accordingly, 15 IT IS HEREBY ORDERED THAT: 16 Defendants, and each of them, as well as their past, present, and future 17 subsidiary, successor, affiliated or related companies, as well as their respective 18 officers, directors, members, partners, principals, agents, representatives, 19 shareholders, investors, employees, successors and assigns, including any websites 20 such entities or individuals own or control, and any and all others acting in active 21 concert or participation with them, at their direction, or on their behalf in any 22 capacity, are hereby PRELIMINARILY ENJOINED while this action is pending 23 from using the terms “Barry Diller,” “Barry Driller,” “BarryDriller.com,” “Barry 24 Driller, Inc.,” “BarryDriller Content Systems Plc.,” any confusingly similar variant 25 of the foregoing, or any other aspect of the trademarks, name, voice, likeness, or 26 other indicia of identity of Plaintiff Barry Diller (i) in connection with the operation 27 of Defendants’ or any other commercial websites, (ii) to divert internet users to 28 Defendants’ or any other websites, (iii) to promote Defendants’ businesses, or (iv) M ANATT , P HELPS & P HILLIPS , LLP ATTORNEYS AT LAW LOS ANGELES 2 1 in any other manner to infringe on Plaintiff’s trademarks, rights of publicity, or 2 other rights. 3 The bond previously posted by Plaintiff and filed with this Court on August 4 29, 2012 shall remain in effect for the duration of this action as security for 5 payment of such costs and damages, if any, as may be incurred or suffered by any 6 party who is subsequently found to have been wrongfully enjoined or restrained 7 hereby. 8 9 IT IS SO ORDERED. 10 11 12 Dated: 9/19/12 _________________________________ AUDREY B. COLLINS UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP ATTORNEYS AT LAW LOS ANGELES 3 1 Presented By: 2 MANATT, PHELPS & PHILLIPS, LLP ROBERT H. PLATT MARK S. LEE SETH REAGAN 3 4 5 6 7 By: /s/ Robert H. Platt Robert H. Platt Attorneys for Plaintiff BARRY DILLER 8 9 304502168.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP ATTORNEYS AT LAW LOS ANGELES 4