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., Aereokiller, 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 while 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 foregoing, 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 toDefendants' 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)
[e-mail]
MARK S. LEE (Bar No. CA 094103)
[e-mail]
SETH REAGAN (Bar No. CA 279368)
[e-mail]
MANATT, PHELPS & PHILLIPS, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
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