Barry Diller v. BarryDriller Content Systems Plc et al
Filing
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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)
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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
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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BARRY DILLER,
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Case No. CV 12-07200 ABC (JCx)
Plaintiff,
[PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION
vs.
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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.
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
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ORDER
Plaintiff Barry Diller’s application for preliminary injunction (“Plaintiff’s
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Application”) against Defendants Barry Driller Content Systems Plc, Barry Driller,
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Inc., Aereokiller, LLC, FilmOn.com, Inc., Alkiviades David, a/k/a Alki David, and
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Does 1-10 (collectively “Defendants”) came on regularly for hearing before this
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Court on September 10, 2012. Robert H. Platt and Mark S. Lee of Manatt, Phelps
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& Phillips, LLP appeared on behalf of Plaintiff. Ryan G. Baker and Christian A.
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Anstett of Baker Marquart LLP appeared on behalf of Defendants Alkiviades
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David, Aereokiller, LLC, and FilmOn.com, Inc.
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The Court having considered Plaintiff’s Application, the papers submitted in
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support of and in opposition thereto, the oral arguments of all parties at the hearing,
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and all other relevant records in this case, and finding good cause, Plaintiff’s
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Application is HEREBY GRANTED for the reasons stated in the Court’s Tentative
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Order issued on September 10, 2012. Accordingly,
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IT IS HEREBY ORDERED THAT:
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Defendants, and each of them, as well as their past, present, and future
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subsidiary, successor, affiliated or related companies, as well as their respective
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officers, directors, members, partners, principals, agents, representatives,
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shareholders, investors, employees, successors and assigns, including any websites
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such entities or individuals own or control, and any and all others acting in active
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concert or participation with them, at their direction, or on their behalf in any
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capacity, are hereby PRELIMINARILY ENJOINED while this action is pending
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from using the terms “Barry Diller,” “Barry Driller,” “BarryDriller.com,” “Barry
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Driller, Inc.,” “BarryDriller Content Systems Plc.,” any confusingly similar variant
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of the foregoing, or any other aspect of the trademarks, name, voice, likeness, or
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other indicia of identity of Plaintiff Barry Diller (i) in connection with the operation
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of Defendants’ or any other commercial websites, (ii) to divert internet users to
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Defendants’ or any other websites, (iii) to promote Defendants’ businesses, or (iv)
M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
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in any other manner to infringe on Plaintiff’s trademarks, rights of publicity, or
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other rights.
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The bond previously posted by Plaintiff and filed with this Court on August
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29, 2012 shall remain in effect for the duration of this action as security for
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payment of such costs and damages, if any, as may be incurred or suffered by any
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party who is subsequently found to have been wrongfully enjoined or restrained
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hereby.
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IT IS SO ORDERED.
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Dated: 9/19/12
_________________________________
AUDREY B. COLLINS
UNITED STATES DISTRICT JUDGE
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
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Presented By:
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MANATT, PHELPS & PHILLIPS, LLP
ROBERT H. PLATT
MARK S. LEE
SETH REAGAN
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By: /s/ Robert H. Platt
Robert H. Platt
Attorneys for Plaintiff
BARRY DILLER
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304502168.1
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
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