Cengage Learning, Inc. et al v. Does 1-11

Filing 90

Judge Mark L. Wolf: ENDORSED ORDER entered granting [76-1] Preliminary Injunction Order. (Franklin, Yvonne)

Case l:15-cv-11577-MLW Document 76-1 FiledlO/06/16 Page 2 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

CENGAGE LEARNING, INC.,
Plaintiff,
Civil Action No. 1:15-cv-11577-MLW

SYED M. ADIL; AFX LOGISTICS; SAMANTHA
BOLLS; DAVID ECKHARD; GEORGE GALFI;
ZACK GALFI; VISWARANJAN SAHU; SASHA
INTERNATIONAL LLC; PHILIP TAKACS;
TEXTBOOK RESOURCES INC.; and RAHEEL
VIRANI,
Defendants.

WJO I\'|3/t*^pnOPOaEDrPRELIMINARY INJUNCTION
ENJOINING SASHA INTERNATIONAL LLC FROM
FURTHER INFRINGING OR TRANSFERRING ASSETS

Upon Plaintiffs Renewed Motion for Preliminary Injunction as to Defendant Sasha
International LLC, the accompanying Memorandum of Law, supporting Declarations and
exhibitssubmittedtherewith, and the entirerecord herein, and pursuant to Federal Rule of Civil

Procedure 65, the Copyright Act, 17 U.S.C. § 502(a), theLanham Act, 15 U.S.C. §§ 1051, et
seq., and this Court's inherent equitable power, the Court finds:

1.

Plaintiff is likely to prevail on its claims thatDefendant Sasha International LLC

("Defendant") has infringed Plaintiffs federally registered copyrights andtrademarks in
connection with Defendant's importation, distribution, and saleof unauthorized copies of

Plaintiffs copyrighted works onAmazon.com, including as theseller known as Best Books Buy
(the "Online Storefront");

2.

Defendant's importation, distribution, and/or selling of unauthorized copies of

Plaintiffs copyrighted works will result in immediate and irreparable injury to Plaintiff if the

Case l:15-cv-11577-MLW Document 76-1 Filed 10/06/16 Page 3 of 4

relief requested is not ordered and Plaintiffwill be left withoutan adequate remedy;
3.

The harm to Plaintiff from denial of the requested injunction outweighs the harm

to any legitimate interests Defendant has against granting such order; and
4.

The public interestis served by grantingthe requested injunction.

THEREFORE, IT IS HEREBY ORDERED that Defendant, its members, officers,

directors, agents, servants, representatives, employees, successors, andassigns, andall those
acting in concert or in participation with any of them, are enjoined from:

a. Scanning, printing, copying, manufacturing, or otherwise reproducing any of
Plaintiffs copyrighted textbooks, in whole or in part;

b. Importing, distributing, marketing, advertising, selling, renting or leasing, any
textbook that infringes any of Plaintiffs copyrights or trademarks;

c. Using or employing any of Plaintiffs marks in connection with the sale or
offering for sale, rental, distribution, advertising or promotion of anyof
counterfeit or suspected counterfeit copies of Plaintiffs copyrighted textbooks;

d. Using, operating, maintaining, assisting, distributing, or supporting any online
marketplace account, website, domain name, email address, social media account,
bankaccount, or payment processing system in connection withthe infnngement
of any of Plaintiffs copyrighted works; or

e. encouraging, facilitating, assisting or inducing others to violate paragraphs a
through d above.
IT IS FURTHER ORDERED that Defendant and its members, officers, directors, agents,

servants, representatives, employees, successors, and assigns, and all those acting in concert or in

participation with any of them, and any banks, savings and loan associations, credit card

(
"

'
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Case l:15-cv-11577-MLW Document 76-1 Fjledl0/06/16 Page 4 of 4

companies, credit card processing agencies, merchant acquiring banks, payment providers, thirdparty processors, and/or other financial institutions of Defendant must, upon receiving actual
notice of this Order, immediately locate all accounts associated withDefendant or the Online
Storefront and immediately cease transferring or disposing of any money or otherassets residing
in such accounts, ceaseallowing such funds to be transferred or withdrawn, and ceaseallowing

any diminutions to be made by Defendant from such accounts pending further order of this
Court. This includes but is not limited to any and all bank accounts, credit card or debit
accounts, or other financial institution accounts linked to or associated with Defendant's Amazon
seller accounts or the Online Storefront;

IT IS FURTHERORDERED that Defendant, and/or any persons acting in concert with

Defendant, areto preserve all evidence relating to: (i) theOnline Storefront; (ii) the scanning,

printing, reproducing oraltering of any ofPlaintiffs copyrighted works, inwhole or inpart, (iii)
the acquisition and/or importation into the United States of Plaintiffs copyrighted works by
Defendant or the Online Storefront, (iv) the sale, rental, or distribution of any of Plaintiffs

copyrighted works byDefendant orthe Online Storefront; (v) the receipt ofmonies byor
payment of any proceeds to the Online Storefront; and (vi) allother evidence related to the
allegations setforth in Plaintiffs Second Amended Complaint inthe matter herein; and
IT IS FURTHER ORDERED, that this Preliminary Injunction shallremain in effect until
further order of this Court.

so ORDERED this Jliay of

.2016.
CX-X
HonT^ark L. Wolf

United States District Judge