China Central Television et al v. Create New Technology HK Limited et al

Filing 175

CONSENT JUDGMENT AND PERMANENT INJUNCTION filed by Judge Stephen V. Wilson: Plaintiffs China Central Television, China International Communications Co. Ltd., TVB Holdings USA Inc, and Dish Network L.L.C. have agreed to settle with Defendant Honghui Chen. Defendant is permanently enjoined. The parties shall bear their own attorneys' fees and costs. (See document for details). Related to: Stipulation for Judgment 174 . (mg)

CARLA A. McCAULEY (State Bar No. 223910)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
2
865 South Figueroa Street, 24th Floor
3 Los Angeles, California 90017-2566
Tel.: [phone] Fax: [phone]
1

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

02/10/2016

ROBERT D. BALIN (pro hac vice pending)
C
R
[e-mail]
LACY H. KOONCE, III (pro hac vice pending)
[e-mail]
SAMUEL BAYARD (pro hac vice pending)
[e-mail]
GEORGE WUKOSON (pro hac vice pending)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
1633 Broadway
New York, New York 10019
Tel.: [phone] Fax: [phone]
ATTORNEYS FOR PLAINTIFFS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CHINA CENTRAL TELEVISION, a China )
company; CHINA INTERNATIONAL
)
COMMUNICATIONS CO., LTD., a China )
company; TVB HOLDINGS (USA), INC., a )
California corporation; and DISH
)
)
NETWORK L.L.C., a Colorado limited
liability company,
)
)
Plaintiffs,
)
vs.
)
CREATE NEW TECHNOLOGY (HK)
)
LIMITED, a Hong Kong company; HUA
)
YANG INTERNATIONAL TECHNOLOGY )
LTD., a Hong Kong company; SHENZHEN )
GREATVISION NETWORK
)
TECHNOLOGY CO. LTD., a China
)
company; CLUB TVPAD, INC., a California )
corporation; BENNETT WONG, an
)
individual; ASHA MEDIA GROUP INC.
)
d/b/a TVPAD.COM, a Florida corporation; )
AMIT BHALLA, an individual;
)
NEWTVPAD LTD CO. a/k/a TVPAD USA, )
a Texas corporation; LIANGZHONG ZHOU, )
an individual; HONGHUI CHEN d/b/a e)
Digital, an individual; JOHN DOE 1 d/b/a
)
BETV; JOHN DOE 2 d/b/a YUE HAI; JOHN )
DOE 3 d/b/a 516; JOHN DOE 4 d/b/a HITV; )
JOHN DOE 5 d/b/a GANG YUE; JOHN
)
DOE 6 d/b/a SPORT ONLINE; JOHN DOE 7 )
d/b/a GANG TAI WU XIA; and JOHN DOES)
8-10,
)
Defendants.
)
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

Case No.
CV 15-1869 SVW (AJWx)
CONSENT JUDGMENT AND
PERMANENT INJUNCTION AS
TO HONGHUI CHEN D/B/A EDIGITAL; EXHIBITS A
THROUGH E
Courtroom: 6
Judge: Hon. Stephen V. Wilson
Action Filed: March 13, 2015

EXHIBIT 1

1

WHEREAS, Plaintiffs China Central Television (“CCTV”), China

2

International Communications Co., Ltd. (“CICC”), TVB Holdings (USA), Inc.

3

(“TVB (USA)”), and DISH Network L.L.C. (“DISH”) (collectively, “Plaintiffs”), on

4

the one hand, and Defendant Honghui Chen (“Defendant” or “Chen”), on the other

5

hand, have agreed in a separate confidential agreement to settle the matters in issue

6

between them and have further stipulated to entry of this Consent Judgment and

7

Permanent Injunction, it is hereby ORDERED, ADJUDGED AND DECREED AS

8

FOLLOWS:

9
10

Any findings of fact or conclusions of law herein are made only as to the
parties to this Consent Judgment and Permanent Injunction.

11

Findings of Fact and Conclusions of Law

12

1.

Plaintiffs bring claims against Defendant for (1) secondary copyright

13

infringement under the copyright laws of the United States, 17 U.S.C. § 101 et seq.;

14

(2) federal trademark infringement and unfair competition under the Lanham Act, 15

15

U.S.C. § 1125(a); (3) common law trademark infringement and unfair competition;

16

(4) and violation of California Business and Professions Code § 17200, et seq.

17

2.

This Court has jurisdiction over Plaintiffs and Defendant in this action

18

and over the subject matter in issue based on 28 U.S.C. §§ 1331, 1338 and 17 U.S.C.

19

§ 101 et seq. and 15 U.S.C. § 1051 et seq. with supplemental subject matter

20

jurisdiction under 28 U.S.C. § 1367. This Court further has continuing jurisdiction

21

to enforce the terms and provisions of this Consent Judgment and Permanent

22

Injunction. Venue is also proper in this Court pursuant to 28 U.S.C. §§ 1391(b)( and

23

1391(c), as well as 28 U.S.C. § 1400 (b).

24

3.

Plaintiff China Central Television (“CCTV”) is a state-owned company

25

existing under the laws of the People’s Republic of China with its principal place of

26

business in Beijing, China. CCTV is China’s most influential television program

27

producer, creating and broadcasting a wide variety of television programs, including

28

news, dramas, comedies, sports, documentaries, and entertainment programming.
1
[Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

CCTV has 42 television channels. Its flagship over-the-air channels in China are

2

CCTV1 through CCTV14. CCTV owns the copyrights to a large number of

3

television programs, including highly successful programs such as Star Walk, Art

4

Life, and Across the Strait. CCTV television channels are broadcast in mainland

5

China, and certain CCTV television channels and programs are licensed for

6

international distribution.

7

4.

Plaintiff China International Communications Co., Ltd. (“CICC”) is a

8

state-owned company existing under the laws of the People’s Republic of China

9

with its principal place of business in Beijing, China. CICC is an indirect wholly

10

owned subsidiary of CCTV. CICC is responsible for, among other things, licensing

11

and distributing CCTV programming in the United States.

12

5.

Plaintiff TVB Holdings (USA), Inc. (“TVB (USA)”) is a corporation

13

organized under the laws of the State of California with its principal place of

14

business in Norwalk, California. TVB (USA) is a wholly owned indirect subsidiary

15

of TVB, a Hong Kong company that is the largest producer of Cantonese-language

16

television programming in the world. TVB (USA) distributes and licenses TVB

17

television programming in the United States. TVB (USA)’s ultimate parent

18

company, TVB, operates five over-the-air television channels—Jade, J2, Jade HD,

19

iNews (Cantonese), and Pearl (English)—and 13 pay TV channels in Hong Kong.

20

TVB also has operations in Taiwan, owning the popular TVBS, TVBS-News, and

21

TVBS-G channels.

22

6.

Plaintiff DISH Network L.L.C. (“DISH”) is a limited liability company

23

organized under the laws of the State of Colorado with its principal place of business

24

in Englewood, Colorado. DISH is the nation’s third-largest pay television service,

25

delivering video services to approximately 14 million customers nationwide through

26

both satellite and Internet platforms.

27
28

7.

Defendant Chen is a resident of Alhambra, California who has sold

TVpads to residents of the County of Los Angeles.
2
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

8.

CCTV is the legal and/or beneficial owner of all right, title, and interest

2

in the copyrights of certain television programs and broadcasts created by or for it for

3

public performance and/or distribution. As CCTV’s television programs are foreign

4

works, registration with the United States Copyright Office is not a prerequisite to

5

filing a copyright infringement action with respect to them. 17 U.S.C. §§ 101,

6

411(a). A list of representative CCTV television programs is attached hereto as

7

Exhibit A, and copies of the certificates of registration for those programs are

8

attached as Exhibit B.

9

9.

Certain CCTV television channels and programs that originally air in

10

mainland China are distributed in the United States as part of a package of television

11

channels called the “Great Wall Package.” CCTV’s Great Wall Package consists of

12

programming from 22 Chinese television channels including the following CCTV

13

channels: CCTV-4; CCTV-E; CCTV-Entertainment; CCTV-News; CCTV-Movies;

14

and CCTV-Opera (collectively, the “CCTV U.S. channels”). Plaintiff CICC

15

distributes the Great Wall Package in the United States through three authorized

16

distribution partners, including Plaintiff DISH.

17

10.

TVB (USA) is the exclusive licensee in the United States of certain

18

programming owned by TVB and/or TVB’s wholly owned subsidiary, TVBO

19

Production Limited (“TVBO”), for certain media. As TVB and TVBO’s television

20

programs are foreign works, registration with the United States Copyright Office is

21

not a prerequisite to filing a copyright infringement action with respect to them. 17

22

U.S.C. §§ 101, 411(a). A list of representative TVB television programs is attached

23

hereto as Exhibit C, and copies of the certificates of registration for those programs

24

are attached as Exhibit D.

25

11.

Certain TVB television programs and TVB channels that originally air

26

in Hong Kong and Taiwan are distributed by TVB (USA) in the United States under

27

license from TVBO and/or its affiliate TVBI Company Limited, including the

28

following channels: TVB1; TVB2; TVBe; TVB Pearl; TVBHD; TVB8; TVB
3
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

Drama; TVBS; Jade SF; Jade NY; and Jade LA (collectively, the “TVB U.S.

2

channels”). TVB (USA)’s most popular television package is called the “Jadeworld”

3

Package, which includes TVB1, TVB2, TVBe, and TVBS.

4

12.

DISH’s primary service is satellite television, which DISH provides to

5

subscribers in the United States in return for subscription fees. Separately, DISH

6

offers OTT television services through, inter alia, “Sling International,” an OTT

7

streaming service that provides international television programming on numerous

8

viewing devices including Apple iPhones and iPads, Android phones and tablets,

9

Samsung Smart TVs and Blu-Ray devices, Amazon Fire, personal computers, and

10
11

the Roku Streaming Player.
13.

Under a license agreement, DISH owns the exclusive right to retransmit

12

CCTV’s Great Wall Package of television channels and programs in the United

13

States via satellite, and also has a non-exclusive right to distribute CCTV’s Great

14

Wall Package of television channels and programs over the Internet (including OTT)

15

in the United States. In return for monthly subscription fees, DISH offers its United

16

States subscribers access to the Great Wall Package.

17

14.

Under a license agreement, DISH owns the exclusive rights to

18

retransmit certain TVB U.S. channels and the TVB programs via satellite in the

19

United States and via OTT television services in the United States, except for video-

20

on-demand content. In return for monthly subscription fees, DISH offers its United

21

States subscribers access to TVB programming through the Jadeworld Package.

22

15.

Plaintiffs are the legal and beneficial owners of exclusive rights to

23

exploit copyrighted CCTV and TVB television programming in the United States.

24

Among the bundle of rights afforded Plaintiffs under United States copyright law is

25

the exclusive right to “perform the copyrighted work publicly.” 17 U.S.C. § 106(4).

26

This includes the exclusive right “to transmit or otherwise communicate a

27

performance or display of” Plaintiffs’ copyrighted television broadcasts and

28

programs “to the public by means of any device or process whether the members of
4
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

the public capable of receiving the performance or display receive it in the same

2

place or in separate places and at the same time or at different times.” Id. § 101.

3

16.

This copyright and trademark infringement action arises out of a global

4

television service (the “TVpad Retransmission Service”) provided to customers over

5

the “TVpad” set-top box (the “TVpad Device”). The TVpad Device uses certain

6

software applications, or “Apps,” that without authorization or permission from

7

copyright owners stream intercepted television programming over the Internet to

8

United States users of the TVpad device, twenty-four hours a day, seven days a week

9

(the “Infringing TVpad Apps”). For a one-time, up-front payment to purchase the

10

TVpad device, TVpad customers in the United States receive unlicensed television

11

channels and television programs from China, Hong Kong, Taiwan, and other Asian

12

countries, including CCTV and TVB programming.

13

17.

The TVpad Retransmission Service works in part by means of a peer-

14

to-peer network, through which TVpad users not only receive unauthorized streams

15

of CCTV and TVB programming in the United States, but also simultaneously

16

retransmit that programming to large numbers of other TVpad users in the United

17

States. The retransmissions of CCTV and TVB programs by TVpad users constitute

18

infringing performances of Plaintiffs’ copyrighted works. The TVpad

19

Retransmission Service also directly streams CCTV and TVB programs to U.S.

20

TVpad users from servers located in the United States and elsewhere.

21

18.

Defendant advertises, sells, distributes and promotes the TVpad device,

22

the TVpad Retransmission Service and the Infringing TVpad Apps in the United

23

States. Defendant is part of the international distribution network for the TVpad

24

Retransmission Service. Defendant has actual and constructive knowledge that the

25

TVpad Retransmission Service infringes CCTV and TVB copyrighted programming

26

and has taken affirmative steps to aid, materially contribute to, promote, foster, and

27

induce infringing public performances of CCTV and TVB copyrighted programming

28

by the Retransmission Service Defendants and by TVpad customers.
5
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

19.

Defendant is secondarily liable under the Copyright Act for inducing

2

the infringing acts committed by TVpad customers. Defendant distributes the

3

TVpad device, the TVpad Retransmission Service and the Infringing TVpad Apps

4

with the object of promoting and encouraging its use to infringe copyrighted

5

television programs, including but not limited to Plaintiffs’ copyrighted works, and

6

such infringement has resulted and continues to result. Through his purposeful

7

conduct, Defendant knowingly and intentionally induces unauthorized public

8

performances by TVpad customers in the United States of copyrighted television

9

programs, including but not limited to Plaintiffs’ copyrighted works, in violation of

10
11

Plaintiffs’ exclusive rights under 17 U.S.C. § 106.
20.

Defendant is also liable as a contributory infringer for materially

12

contributing to, aiding, and assisting the infringing acts of TVpad customers.

13

Defendant has actual and constructive knowledge of specific infringing activity

14

carried out by TVpad customers. Through his distribution and promotion of the

15

TVpad Device, the TVpad Retransmission Service and the Infringing TVpad Apps,

16

with knowledge of specific acts of infringement, Defendant knowingly caused,

17

and/or otherwise materially contributed to, unauthorized public performances and

18

reproductions by TVpad customers in the United States of copyrighted television

19

programs, including but not limited to Plaintiffs’ copyrighted works, in violation of

20

Plaintiffs’ exclusive rights under 17 U.S.C. § 106.

21

21.

CCTV brands its television broadcasting services and television

22

programming under the CCTV family of trademarks and service marks (collectively,

23

the “CCTV Marks”), which denote unique and high-quality television content. The

24

CCTV Marks include the word marks “CCTV” and “CCTV AMERICA” and the

25

stylized CCTV logo, all of which are used in conjunction with CCTV’s television

26

broadcasting services, programming, and related entertainment services.

27
28

22.

CCTV authorizes CICC to use the CCTV Marks in connection with its

distribution of CCTV programming in the United States.
6
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

23.

CCTV’s affiliate has applied to register the design mark “CCTV

2

AMERICA” with the U.S. Patent and Trademark Office, Registration No. 4730301,

3

in connection with, among other things, “[t]elevision broadcasting services;

4

streaming of audio, visual and audiovisual material via a global computer network;

5

transmission of news; transmission of sound, video and information.”

6

24.

Long before the acts of Defendant discussed herein, CCTV and CICC

7

adopted and began using the CCTV Marks in commerce in the United States in

8

connection with their television broadcasting services, programming, and related

9

entertainment services. CCTV and CICC have used and continue to use the CCTV

10

Marks in interstate commerce in the United States in connection with the advertising

11

and sale of their goods and services. The CCTV Marks have acquired secondary

12

meaning in that they have come to be associated by the trade and consuming public

13

exclusively with CCTV and its authorized affiliate, CICC, and have come to signify

14

CCTV as the source of authorized broadcasts and programs bearing the CCTV

15

Marks.

16

25.

TVB brands its television broadcasting services and television

17

programming under the TVB family of trademarks and service marks, which denote

18

unique and high-quality television content. These trademarks and service marks

19

include the following: (a) the word mark JADE (U.S. Registration No. 2752223); (b)

20

the JADE logo (U.S. Registration No. 2831375 and U.S. Application No. 86171201);

21

(c) the word mark TVB (U.S. Application Serial No. 86171162); and the Chinese-

22

language word mark for THE JADE CHANNEL (U.S. Registration No. 3072394)

23

(collectively, the “TVB Marks”). TVB uses the TVB Marks in conjunction with its

24

television broadcasting services, programming, and related entertainment services

25

throughout the world.

26
27

26.

TVB authorizes TVB (USA) to use the TVB Marks in the United States

and to bring enforcement actions against the unauthorized use of the TVB Marks in

28

7
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

the United States. TVB (USA) uses the TVB Marks in connection with its

2

distribution of TVB programming in the United States.

3

27.

Long before the acts of Defendant discussed herein, and starting in

4

1984, TVB (USA) adopted and began using the TVB Marks in commerce in the

5

United States in connection with its television broadcasting services, programming,

6

and related entertainment services. TVB (USA) has used and continues to use the

7

TVB Marks in interstate commerce in the United States in connection with the

8

advertising and sale of its goods and services. The TVB Marks have acquired

9

secondary meaning in that they have come to be associated by the trade and

10

consuming public exclusively with TVB and its authorized affiliate, TVB (USA), and

11

have come to signify TVB and TVB (USA) as the source of authorized broadcasts

12

and programs bearing the TVB Marks.

13

28.

By using the CCTV and/or TVB Marks in connection with the

14

advertising, promotion, and sale of the TVpad Device, the Infringing TVpad Apps,

15

and the TVpad Retransmission Service, Defendant has caused and is likely to cause

16

confusion in the minds of consumers and to create a false impression in the minds of

17

consumers that Plaintiffs are affiliated, connected, or associated with Defendant’s

18

products and/or services, and/or that Plaintiffs sponsor or approve of such products

19

and/or services, in violation of 15 U.S.C. § 1125(a), common law trademark

20

infringement and unfair competition and California Business & Professions Code §

21

17200, et seq.

22

Permanent Injunction

23

29.

24

For purposes of this Permanent Injunction, the following definitions

shall apply:

25

a. “Plaintiffs’ Copyrighted Programming” shall mean each of those

26

broadcast television programming works, or portions thereof,

27

whether now in existence or later created, in which the Plaintiffs, or

28

any of them (or any parent, subsidiary, or affiliate of any of the
8
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

Plaintiffs), owns or controls an exclusive right under the United

2

States Copyright Act, 17 U.S.C. §§ 101 et seq., including without

3

limitation all copyrighted programs identified in Exhibits A

4

through D hereto;

5
6
7

b. “STB” shall mean a television set-top box or other similar device,
including all devices sold under the name “TVpad”;
c. “STB App” shall mean any software application or associated

8

service that is designed for use on any STB, including any software

9

application that is preloaded on a STB or available for download by

10
11

the user of a STB;
d. “Infringing TVpad App” shall mean any STB App whereby

12

Plaintiffs’ Copyrighted Programming is publicly performed without

13

authorization by transmission to members of the public, including

14

but not limited to each STB App identified in Exhibit E;

15
16
17

e. “TVpad Device” shall mean any STB that offers an Infringing
TVpad App;
f. “TVpad Store” shall mean any combination of software and/or

18

services whereby users can select and download or otherwise

19

transfer software applications onto the TVpad Device;

20

g. “Comparable System” shall mean any device, data transmission

21

service or application that provides users unauthorized access to

22

Plaintiffs’ Copyrighted Programming, using any peer-to-peer or

23

internet-based transmission, file sharing or content delivery

24

technology;

25

h. “CCTV Marks” shall mean the word marks “CCTV” and “CCTV

26

AMERICA”, the stylized CCTV logo, and the design mark “CCTV

27

AMERICA” registered with the U.S. Patent and Trademark Office,

28

Application Serial No. 86239098; and
9
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

i. “TVB Marks” shall mean (a) the word mark JADE (U.S. Serial No.

2

76406416); (b) the JADE logo (U.S. Serial No. 76445114 and U.S.

3

Application Serial No. 86171201); (c) the word mark TVB (U.S.

4

Application Serial No. 86171162); and the Chinese-language word

5

mark for THE JADE CHANNEL (U.S. Serial No. 76407746).

6

30.

Defendant, and all of his affiliates, d/b/a’s, agents, officers, servants,

7

employees, successors, assigns, and those persons or entities acting in active concert

8

or participation with him who receive actual notice of this Order (collectively, the

9

“Enjoined Parties”), are immediately and permanently enjoined from engaging in

10
11
12
13

any of the following activities:
a. Distributing, selling, advertising, marketing or promoting any
TVpad Device;
b. Transmitting, retransmitting, assisting in the transmission of,

14

requesting transmission of, streaming, hosting or providing

15

unauthorized access to, or otherwise publicly performing, directly or

16

indirectly, by means of any device or process, Plaintiffs’

17

Copyrighted Programming;

18

c. Authorizing, hosting, reproducing, downloading or otherwise

19

distributing the Infringing TVpad Apps, including without limitation

20

offering them in the TVpad Store, loading them onto any TVpad

21

Device or any Comparable System, or providing the Infringing

22

TVpad Apps to consumers on separate media;

23
24

d. Creating or providing assistance to others who wish to create an
Infringing TVpad App;

25

e. Advertising, displaying, marketing or otherwise promoting any of

26

the Infringing TVpad Apps, including without limitation publicly

27

displaying any of the Plaintiffs’ Copyrighted Programming in

28

connection therewith or in connection with the TVpad Device or any
10
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

Comparable System, including without limitation via the TVpad

2

Websites;

3

f. Distributing, selling, advertising, marketing or promoting any

4

TVpad Device that contains, connects to, or offers for download any

5

Infringing TVpad App, or promotes any Infringing TVpad App

6

through the inclusion of icons for said Infringing TVpad App;

7

g. Distributing, selling, advertising, marketing or promoting any

8

Comparable System that contains, connects to, offers for download,

9

transmits, assists in the transmission of, streams, hosts, provides

10

access to, or otherwise publicly performs, directly or indirectly, by

11

means of any devise of process, Plaintiffs’ Copyrighted

12

Programming without permission;

13

h. Distributing, selling, advertising, marketing or promoting any

14

Comparable System that contains, connects to, offers for download,

15

transmits, assists in the transmission of, streams, hosts, provides

16

access to, or otherwise publicly performs, directly or indirectly, by

17

means of any device or process, Plaintiffs’ Copyrighted

18

Programming without permission;

19
20
21

i.

Providing or controlling servers that contain any of Plaintiffs’
Copyrighted Programming;

j. Assisting with end-user reproductions or transmissions of any of

22

Plaintiffs’ Copyrighted Programming through a tracker server, or

23

any other server or software that assists users in locating, identifying

24

or obtaining reproductions or transmission of any of Plaintiffs’

25

Copyrighted Programming, including from other users offering

26

reproductions or transmissions of any of Plaintiffs’ Copyrighted

27

Programming; and

28

11
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

k. Otherwise infringing Plaintiffs’ rights in Plaintiffs’ Copyrighted

1
2

Programming, whether directly, contributorily, vicariously or in any

3

other manner.

4

31.

The Enjoined Parties shall further be immediately and permanently

5

enjoined from engaging in any activities having the object or effect of fostering

6

infringement of Plaintiffs’ Copyrighted Programming, whether through the

7

Infringing TVpad Apps or otherwise, including without limitation engaging in any

8

of the following activities:

9
10
11
12
13

a. Advertising or promoting unauthorized access to or the availability
of Plaintiffs’ Copyrighted Programing;
b. Encouraging or soliciting others to transmit or reproduce Plaintiffs’
Copyrighted Programming;
c. Encouraging or soliciting others to upload, post or index any files

14

that constitute, correspond, point or lead to any of Plaintiffs’

15

Copyrighted Programming;

16
17
18

d. Encouraging or soliciting others to offer transmission of Plaintiffs’
Copyrighted Programming;
e. Providing technical assistance, support services or servers to others

19

engaged in infringement of, or seeking to infringe, Plaintiffs’

20

Copyrighted Programming;

21

f. Creating, maintaining, highlighting or otherwise providing access to

22

lists or forums that include, refer to or signal the availability of

23

Plaintiffs’ Copyrighted Programming;

24
25
26
27

g. Including references to Plaintiffs’ Copyrighted Programming or the
Infringing TVpad Apps in promotional materials; and
h. Creating, maintaining or providing access to the Infringing TVpad
Apps.

28

12
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

32.

The terms of Paragraphs 30 and 31 of this Permanent Injunction shall

2

not apply to any use by Defendant of Plaintiffs’ Copyrighted Programming for

3

which Defendant has obtained express written authorization or license for such use

4

from each Plaintiff that owns or controls the rights to such Copyrighted

5

Programming, provided such authorization or license is in force and valid at the time

6

of Defendants’ use of the Copyrighted Programming.

7

33.

Defendant shall not enter into any agreement or transaction whatsoever

8

to sell, lease, license, assign, convey, distribute, loan, encumber, pledge or otherwise

9

transfer, whether or not for consideration or compensation, any part of the system,

10

software, source code, data file, other technology, domain names, trademarks,

11

brands, or files used in connection with the TVpad Device, Infringing TVpad Apps

12

or any Comparable System.

13

34.

The Enjoined Parties shall identify all domain names and IP addresses

14

and the physical locations of all servers owned, leased or operated by any of the

15

Enjoined Parties that are used in connection with the activities enjoined under

16

Paragraphs 30 and 31, above.

17
18
19

35.

The Enjoined Parties are further hereby permanently enjoined from

engaging in any of the following activities:
a. Using the CCTV Marks or TVB Marks, or any other mark, design

20

reproduction, copy or symbol that is a colorable imitation thereof, or

21

confusingly similar thereto, in connection with broadcasting or

22

entertainment services, or related goods or services, not originating

23

from or authorized by Plaintiffs;

24

b. Using the CCTV or TVB Marks, or any other mark, design

25

reproduction, copy or symbol that is a colorable imitation thereof, in

26

any manner likely to cause confusion, to cause mistake, or to

27

deceive the consuming public;

28

13
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

c. Representing in any manner, or by any method whatsoever, that

1
2

goods and services provided by Defendants or by any other party are

3

licensed, sponsored, approved, authorized by, or originate from

4

Plaintiffs or otherwise taking any action likely to cause confusion,

5

mistake, or deception as to the origin, approval, sponsorship or

6

license of such goods or services;
d. Committing any acts calculated or likely to cause consumers to

7
8

believe that Defendants’ products and services or the products and

9

services of any other party are authorized by Plaintiffs unless

10

Defendants receive express written authorization from Plaintiffs to

11

so state;
e. Infringing or diluting, whether directly or indirectly, the distinctive

12

quality of the CCTV Marks or the TVB Marks; and

13

f. Unfairly competing with Plaintiffs in any manner.

14
15

36.

As the Court has personal jurisdiction over Defendant and has

16

concluded that the conduct of Defendant induces infringement of Plaintiffs’

17

Copyrighted Programming in the United States under the copyright laws of the

18

United States and infringes the CCTV Marks and TVB Marks under the trademark

19

laws of the United States, this Permanent Injunction enjoins the conduct of

20

Defendant wherever he may be found.

21

37.

Service by mail upon Honghui Chen, care of Tim Wang at Ni, Wang &

22

Massand PLLC, 8140 Walnut Hill Lane, Suite 500, Dallas, TX, United States 75231

23

of a copy of this Consent Judgment and Permanent Injunction once entered by the

24

Court is deemed sufficient notice to Defendant under Federal Rule of Civil

25

Procedure 65. It shall not be necessary for Defendant to sign any form of

26

acknowledgement of service.

27
28

38.

This Permanent Injunction shall bind the Enjoined Parties. Defendant

shall provide a copy of this Permanent Injunction to his affiliates, agents, servants,
14
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

employees, attorneys, and current and future administrators or moderators of the any

2

online forums associated with Defendant and the TVpad Device or TVpad Apps, or

3

Comparable System.

4

39.

Violation of this Permanent Injunction shall expose Defendant and all

5

other persons bound by this Permanent Injunction to all applicable penalties and

6

remedies.

7

40.

Within 14 days of the date the Court enters this Permanent Injunction,

8

Defendant shall file and serve a report in writing and under oath setting forth in

9

detail the manner and form with which Defendant has complied with the Permanent

10
11

Injunction, and all information required under Paragraph 34.
41.

All other claims, defenses or counterclaims, either actually asserted in

12

this action or which could have been asserted in this action, by either party against

13

the other, are hereby dismissed with prejudice.

14
15

42.

The parties shall bear their own attorneys’ fees and costs.

IT IS SO ORDERED.

16
17

_____________, 2016
February 10

18

___________________________________
Stephen V. Wilson
Judge of the United States District Court

19
20
21
22
23
24
25
26
27
28

15
Consent Judgment and Permanent Injunction DWT
28289929v4 0094038-000021

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

EXHIBIT A

Registered CCTV Programs
Title of Work and Episode Number

Date Broadcast

Copyright Registration Number

Across the Strait, Ep. 265

September 22, 2014

PAu 3-751-289

Across the Strait, Ep. 266

September 23, 2014

PAu 3-751-289

Across the Strait, Ep. 267

September 24, 2014

PAu 3-751-289

Across the Strait, Ep. 268

September 25, 2014

PAu 3-751-289

Across the Strait, Ep. 270

September 27, 2014

PAu 3-751-289

Across the Strait, Ep. 271

September 28, 2014

PAu 3-751-289

Across the Strait, Ep. 277

October 4, 2014

PAu 3-751-289

Across the Strait, Ep. 278

October 5, 2014

PAu 3-751-289

Around China, Ep. 265

September 22, 2014

PAu 3-751-288

Around China, Ep. 266

September 23, 2014

PAu 3-751-288

Around China, Ep. 267

September 24, 2014

PAu 3-751-288

Around China, Ep. 268

September 25, 2014

PAu 3-751-288

Around China, Ep. 270

September 27, 2014

PAu 3-751-288

Around China, Ep. 271

September 28, 2014

PAu 3-751-288

Around China, Ep. 277

October 4, 2014

PAu 3-751-288

Around China, Ep. 278

October 5, 2014

PAu 3-751-288

Art Life, Ep. 37

September 25, 2014

PAu 3-751-290

Art Life, Ep. 38

October 3, 2014

PAu 3-751-290

Echo Clear, Ep. 38

September 26, 2014

PAu 3-751-295

Echo Clear, Ep. 39

October 3, 2014

PAu 3-751-295

Echo Clear, Ep. 41

October 5, 2014

PAu 3-751-295

Fashion Infinite, Ep. 39

September 28, 2014

PAu 3-751-281

Fashion Infinite, Ep. 40

October 5, 2014

PAu 3-751-281

I want to go to the Spring Festival gala, Ep. 35

September 28, 2014

PAu 3-751-285

I want to go to the Spring Festival gala, Ep. 36

October 5, 2014

PAu 3-751-285

Star Walk, Ep. 31

September 25, 2014

PAu 3-751-292

Star Walk, Special 3

October 3, 2014

PAu 3-751-292

Star Walk, Special 4

October 4, 2014

PAu 3-751-292

To a happy departure, Ep. 37

September 22, 2014

PAu 3-746-792

Variety Festival, Ep. 36

September 23, 2014

PAu 3-751-293

EXHIBIT A

EXHIBIT B

EXHIBIT C

Registered TVB Programs (Live)
Title of Work and Episode
Number

Date Broadcast

Copyright Registration
Number

Big Boys Club, Ep. 1200

September 29, 2014

PA 1-922-870

Big Boys Club, Ep. 1201

September 30, 2014

PA 1-922-866

Big Boys Club, Ep. 1202

October 1, 2014

PA 1-922-875

Big Boys Club, Ep. 1203

October 2, 2014

PA 1-922-872

News At Seven Thirty (Pearl)
2014 9/29

September 29, 2014

PA 1-922-869

News At Seven Thirty (Pearl)
2014 9/30

September 30, 2014

PA 1-922-867

News At Seven Thirty (Pearl)
2014 10/1

October 1, 2014

PA 1-922-873

Pleasure and Leisure 2014
9/30

September 30, 2014

PA 1-922-868

Pleasure and Leisure 2014
10/1

October 1, 2014

PA 1-922-864

Pleasure and Leisure 2014
10/2

October 2, 2014

PA 1-922-871

EXHIBIT C

Registered TVB Programs (Video-on-Demand)
Title of Work and Episode Numbers

Copyright Registration Number

A Change of Destiny, Ep. 1 through 20

PA0001388870

A Change of Heart, Ep. 1 through 30

PA0001866892

A Great Way To Care II, Ep. 1 through 25

PA0001847097

A Step into the Past, Ep. 1 through 40

PA0001074513

All That Is Bitter Is Sweet, Ep. 1 through 29

PA0001922865

Always And Ever, Ep 1 through 31

PA0001866873

Awfully Lawful, Ep. 1 through 20

PA0001866872

Beauty At War, Ep. 1 through 30

PA0001849236

Black Heart White Soul, Ep. 1 through 30

PA0001920529

Bounty Lady, Ep. 1 through 19

PA0001890407

Brother's Keeper, Ep. 1 through 31

PA0001878628

Bullet Brain, Ep. 1 through 25

PA0001847052

Coffee Cat Mama, Ep. 1 through 20

PA0001910249

Come Home Love, Ep. 1 through 162

PA0001872347

Come Home Love, Ep. 610 through 614

PA0001922874

Daddy Good Deeds, Ep. 1 through 20

PA0001857840

Divas In Distress, Ep. 1 through 20

PA0001827059

Don Juan De Mercado, Ep. 1 through 6

PA0001712850

Duke of Mount Deer, Ep. 1 through 45

PA0000923706

Friendly Fire, Ep. 1 through 24

PA0001840636

Ghetto Justice II, Ep. 1 through 20

PA0001827048

Ghost Dragon of Cold Mountain, Ep. 1 through 30

PA0001918949

Gilded Chopsticks, Ep. 1 through 25

PA0001906159

Gloves Come Off, Ep. 1 through 25

PA0001857855

Gods of Honour, Ep. 1 through 40

PA0001063318

Grace Under Fire, Ep. 1 through 32

PA0001776413

Heaven Sword and Dragon Sabre, Ep. 1 through 42

PA0001012498

Highs and Lows, Ep. 1 through 29

PA0001840632

House of Harmony and Vengeance, Ep. 1 through 30

PA0001857846

Title of Work and Episode Numbers

Copyright Registration Number

Inbound Troubles, Ep. 1 through 20

PA0001848886

Karma Rider, Ep. 1 through 20

PA0001863828

King Maker, Ep. 1 through 26

PA0001827056

Line Walker, Ep. 1 through 30

PA0001922863

Man In Charge, Ep. 1 through 20

PA0001738145

Missing You, Ep. 1 through 20

PA0001840634

Never Dance Alone, Ep. 1 through 30

PA0001919570

No Good Either Way, Ep. 1 through 20

PA0001827058

Outbound Love, Ep. 1 through 21

PA0001891391

Overachievers, Ep. 1 through 30

PA0001936095

Queen Divas, Ep. 1 through 14

PA0001894494

Reality Check, Ep. 1 through 20

PA0001845356

Rear Mirror, Ep. 1 through 20

PA0001924137

Return of the Silver Tongue, Ep. 1 through 25

PA0001910251

Ruse of Engagement, Ep. 1 through 25

PA0001901753

Season of Love, Ep. 1 through 20

PA0001840377

Sergeant Tabloid, Ep. 1 through 20

PA0001827198

Silver Spoon, Sterling Shackles, Ep. 1 through 40

PA0001840638

Slow Boat Home, Ep. 1 through 25

PA0001857765

Sniper Standoff, Ep. 1 through 25

PA0001881211

Storm in a Cocoon, Ep. 1 through 31

PA0001901640

Sweetness in the Salt, Ep. 1 through 25

PA0001660153

Swipe Tap Love, Ep. 1 through 20

PA0001900069

The Confidant, Ep. 1 through 33

PA0001840635

The Day of Days, Ep. 1 through 20

PA0001839833

The Four, Ep. 1 through 25

PA0001638548

The Greatness of A Hero, Ep. 1 through 20

PA0001660075

The Greed Of Man, Ep. 1 through 40

PA0000593136; PA0000593128;
PA0000593127; PA0000593126;
PA0000593122; PA0000593125;
PA0000593141; PA0000593129;

Title of Work and Episode Numbers

Copyright Registration Number
PA0000593124; PA0000593121;
PA0000593120; PA0000593123;
PA0000593133

The Hippocratic Crush, Ep. 1 through 25

PA0001857863

The Hippocratic Crush II, Ep. 1 through 30

PA0001883626

The Last Steep Ascent, Ep. 1 through 24

PA0001827043

The Master of Tai Chi, Ep. 1 through 25

PA0001619042

The Ultimate Addiction, Ep. 1 through 30

PA0001916638

Three Kingdoms RPG, Ep. 1 through 24

PA0001827052

Tiger Cubs, Ep. 1 through 13

PA0001827044

Triumph in The Skies II, Ep. 1 through 41

PA0001877655

Twin of Brothers, Ep. 1 through 42

PA0001242731

Whatever It Takes, Ep. 1 through 20

PA0001102787

Will Power, Ep.1 through 31

PA0001884284

Witness Insecurity, Ep. 1 through 19

PA0001827051

Witness to a Prosecution, Ep. 1 through 22

PA0000980415

EXHIBIT D

EXHIBIT E

Exhibit E – Infringing TVpad Apps
TVpad3
Infringing TVpad App
and icon

TVpad4

Plaintiffs’ Programming
and Mode

Plaintiffs’ Programming
and Mode

BETV PLUS

CCTV 1 (live & replay live),
CCTV 2 (live), CCTV 3 (live &
replay live), CCTV 4 (live &
replay live), CCTV6 (live &
replay live), CCTV 10 (live),
CCTV 11 (live), CCTV12 (live),
CCTV13 (live & replay live),
CCTV14 (live & replay live)

BETV_HD

CCTV 1 HD (live), CCTV 5 HD
(live)

BETV II

CCTV 1 (live & replay live),
CCTV 2 (live), CCTV 3 (live &
replay live), CCTV 4 (live &
replay live), CCTV 5 (live &
replay live), CCTV 5+ (live),
CCTV6 (live & replay live),
CCTV 10 (live), CCTV 11
(live), CCTV12 (live), CCTV13
(live & replay live), CCTV14
(live & replay live), CCTV风云
足球（CCTV fengyun soccer)
(live)

1
DWT 28713093v1 0094038-000021

EXHIBIT E

TVpad3

TVpad4

Infringing TVpad App
and icon

Plaintiffs’ Programming
and Mode

Plaintiffs’ Programming
and Mode

BETV

CCTV 1, CCTV 2, CCTV 3,
CCTV 4, CCTV 5+, CCTV6,
CCTV 10, CCTV 11, CCTV12,
CCTV13, CCTV14, CCTV风云
足球（CCTV fengyun soccer)
(all live)

粵海時移
(Yue Hai Shi Yi)

JADE HD, JADE (both timeshifted by 12 hours)

粵海寬頻
(Yue Hai Kuan Pin)

JADE HD, JADE HD, J2,
JADE, PEARL, iNews (all live)

粵海寬頻2
(Yue Hai Kuan Pin 2)

JADE HD, JADE, J2 (Live and
replay live) PEARL, iNews
(live)

2
DWT 28713093v1 0094038-000021

JADE HD, JADE (both timeshifted by 12 hours)

TVpad3
Infringing TVpad App
and icon
港粤網絡電視
(Gang Yue Wang Luo
Dian Shi)

TVpad4

Plaintiffs’ Programming
and Mode

Plaintiffs’ Programming
and Mode

516TV

516網路電視
(516 Online TV)

JADE HD, JADE, J2, PEARL
(live and replay live); iNews
(live)

TVB programs on demand

粵海直播
(Yue Hai Zhi Bo)

JADE HD, JADE, J2 (live and
replay live); PEARL, iNews
(live)

TVB programs on demand

iNews, J2, PEARL, JADE,
JADE HD (live)

TVBS (live)

CCTV4 (live)

CCTV4 (live)

TVBS (live)

TVBS (live)
TVBS News (live)

3
DWT 28713093v1 0094038-000021

TVpad3
Infringing TVpad App
and icon

TVpad4

Plaintiffs’ Programming
and Mode

Plaintiffs’ Programming
and Mode

HITV

JADE HD, J2, JADE, PEARL,
iNews (live)

体育online
(Sport Online)

CCTV 1, CCTV 5, CCTV 5+,
CCTV风云足球（CCTV
fengyun soccer) (all live)

港粵快看
(Gang Yue Kuai Kan)

TVB programs on demand

港台武俠(Gang Tai Wu
Xia)

TVB programs on demand

CCTV 5, CCTV 5+, CCTV风云
足球 (CCTV fengyun soccer),
CCTV 高尔夫. 网球 (CCTV
Golf/ Tennis) (all live)

4
DWT 28713093v1 0094038-000021

TVB programs on demand