Brighton Collectibles, LLC v. www.fidgetnecklaceuk.com

Filing 29

PRELIMINARY INJUNCTION as to the persons operating the Websites, as well as their officers, agents, etc (SEE DOCUMENT FOR SPECIFICS); the certified check in the amount of $10,000 that Brighton previously posted as security see ECF No. 20 is deemed adequate for payment of such damages as any person may be entitled to recover as a result of a wrongful seizure or restraint hereunder by Judge Otis D. Wright, II. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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BRIGHTON COLLECTIBLES, LLC, a
12 Delaware limited liability company,

Case No. 2:18-cv-02017-ODW-PJW

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PRELIMINARY INJUNCTION

Plaintiff,

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vs.

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16 WWW.FIDGETNECKLACEUK.COM,
an entity of unknown origin, and
17 DOES 1-10,
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Defendants.

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1034061.1

PRELIMINARY INJUNCTION

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On March 12, 2018, this Court granted in part plaintiff Brighton Collectibles,

2 LLC’s (“Brighton”) ex parte application for a temporary restraining order and order
3 to show cause re preliminary injunction against www.fidgetnecklaceuk.com. (ECF
4 No. 16.)
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Following entry of this Court’s temporary restraining order, the persons

6 operating

www.fidgetnecklaceuk.com

created

a

new

website

–

7 www.fidgetnecklacesaleuk.com – that continued to infringe upon the intellectual
8 property rights of Brighton.
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On April 4, 2018, this Court granted Brighton’s ex parte application for an

10 order

modifying

the

temporary

restraining

11 www.fidgetnecklacesaleuk.com as an enjoined website.
12 websites

www.fidgetnecklaceuk.com

and

order

to

include

(ECF No. 24.)

www.fidgetnecklaceuk.com

(The
are

13 referenced hereinafter collectively as the “Websites”.)
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Having reviewed the papers, declarations, exhibits, and memorandum of law,

15 the Court hereby makes the following findings of fact and conclusions of law:
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1.

Brighton has demonstrated that it is entitled to a preliminary injunction

17 by establishing that it is likely to succeed on the merits of its claims, that it is likely
18 to suffer irreparable harm absent the injunctive relief, that the equities weigh in
19 favor of the injunctive relief, and that the public interest weighs in favor of the
20 injunctive relief.
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2.

With respect to the likelihood of success on the merits, the evidence

22 shows the following:


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Brighton owns the registered trade name “Brighton,” various common-

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law trademarks that Brighton has used extensively in commerce in

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conjunction with its accessory collections, and multiple registered

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copyrighted designs.


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The Websites used Brighton’s trademarks to advertise and purportedly
to offer for sale authentic Brighton products in a confusingly similar

1034061.1

-1PRELIMINARY INJUNCTION

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manner.


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The Websites displayed and purportedly offered for sale exact
duplicates of Brighton’s copyrighted designs.



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Brighton has not authorized any of the Websites’ use of its intellectual
property.

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The Court thus finds that Brighton is likely to succeed on the merits of its

7 claims.
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3.

With respect to the irreparable harm factor, the evidence shows that the

9 infringing acts of the Websites are likely to cause irreparable harm to Brighton’s
10 sales, reputation, and goodwill.

Furthermore, the creation and operation of

11 www.fidgetnecklacesaleuk.com

shortly

after

the

takedown

of

12 www.fidgetnecklaceuk.com indicates that, absent a preliminary injunction, the
13 infringing acts are likely to recur in the future.
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4.

With respect to the balance of equities and public interest factors, the

15 evidence shows that the continued infringement on the Websites is likely to harm
16 Brighton and consumers, and there is no countervailing interest in protecting the
17 activities of the Websites.
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THEREFORE, IT IS HEREBY ORDERED THAT the persons operating

19 the Websites, as well as their officers, agents, servants, employees, attorneys, and
20 any persons in active concert or participation with them having knowledge of this
21 Order are preliminarily enjoined from:
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a.

Displaying, advertising, offering for sale, selling, reproducing, or

23 otherwise using Brighton’s trademarks (or any colorable imitation of Brighton’s
24 trademarks) or Brighton’s copyrights; or
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b.

Taking any action that directly or indirectly enables, facilitates,

26 permits, assists, encourages or induces the display, advertising, offering for sale,
27 selling, reproduction, or otherwise use of Brighton’s trademarks or copyrights;
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c.
1034061.1

Moving, destroying, or otherwise disposing of any computer files,
-2PRELIMINARY INJUNCTION

1 electronic files, business records, or documents related to the Websites.
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IT IS FURTHER ORDERED THAT the certified check in the amount of

3 $10,000 that Brighton previously posted as security – see ECF No. 20 – is deemed
4 adequate for payment of such damages as any person may be entitled to recover as a
5 result of a wrongful seizure or restraint hereunder.
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IT IS SO ORDERED.

7 Dated: April 25, 2018
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Hon. Otis D. Wright, II
United States District Court Judge

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