HDMI Licensing Administrator, Inc. v. BBEN Intelligent Technology Inc.

Filing 7

TEMPORARY RESTRAINING ORDER and SEIZURE ORDER Granting 3 Motion for Temporary Restraining Order. FURTHER ORDERED that, BBEN shall deposit $10,000 with the Clerk of the Court as security for this order. FURTHER ORDERED that a Hearing re 4 Motion for Preliminary Injunction is set for 1/17/2018 at 02:30 PM in LV Courtroom 6C before Judge Andrew P. Gordon. BBEN shall file and serve any opposition to HDMI LA's motion for a preliminary injunction on or before 1/16/2018. Signed by Judge Andrew P. Gordon on 1/9/2018 at 2:00 p.m. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00041-APG-NJK Document 4-10 Filed 01/09/18 Page 1 of 4

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4 HDMI LICENSING ADMINISTRATOR, INC., )
5
6
7
8
9

)
)
Plaintiff,
)
)
v.
)
)
BBEN INTELLIGENT TECHNOLOGY INC., a )
Chinese company,
)
)
Defendant.
)

Case No.: 2:18-cv-041-APG-NJK

a Delaware limited liability company,

[PROPOSED]
TEMPORARY RESTRAINING
ORDER AND SEIZURE
ORDER

10
11

Plaintiff, HDMI Licensing Administrator, Inc. (“HDMI LA”), has moved ex parte

12 for a Temporary Restraining Order, Seizure Order, and a Preliminary Injunction, pursuant
13 to Rule 65 of the Federal Rules of Civil Procedure, and Local Rule 7-5. HDMI LA alleges
14 that BBEN Intelligent Technology Inc. (“BBEN”) has made, imported into the United
15 States, sold, offered to sell, distributed, promoted, and/or advertised at the International
16 Consumer Electronics (“CES”) trade show in Las Vegas, Nevada, consumer electronic
17 products bearing HDMI LA’s registered federal trademarks (“HDMI Trademarks”). The
18 Court, having duly considered HDMI LA’s Complaint, Emergency Motion for Ex Parte
19 Temporary Restraining Order, Seizure Order, and Preliminary Injunction, and the
20 declaration and exhibits submitted therewith, hereby makes the following findings and
21 conclusions:
22

1.

HDMI LA is likely to succeed on the merits of its trademark infringement

23 and trademark counterfeiting claims. HDMI LA is likely to succeed in showing that the
24 HDMI Trademarks are owned by HDMI LA, are valid and enforceable, and that BBEN has
25 imported into the United States, sold, offered to sell, distributed, promoted, and/or
26 advertised products bearing the HDMI Trademarks.
27
28

2.

It appears to the Court that BBEN is a China-based manufacturer of

Case 2:18-cv-00041-APG-NJK Document 4-10 Filed 01/09/18 Page 2 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

consumer electronic products that, with the exception of its temporary presence in Las
Vegas during the CES show, does not have a regular place of business or assets in the
United States. Further, HDMI LA has notified BBEN of the potential for this action in
written communications prior to the beginning of CES in the event BBEN imported,
displayed, advertised, or offered to sell products bearing HDMI Trademarks at CES
without permission or authorization from HDMI LA.
3.

Absent an ex parte temporary restraining order and seizure order, BBEN’s

importation, sale, and/or offers to sell its products will result in immediate and irreparable
injury to HDMI LA in the form of loss of control over its valuable intellectual property
rights, loss of consumer goodwill, and interference with HDMI LA’s ability to exploit the
HDMI Trademarks. Further, because BBEN has no presence in the United States, it may be
difficult or impossible for HDMI LA to recover a money judgment against BBEN.
4.

The harm to HDMI LA in denying the requested temporary restraining order

and seizure order outweighs the harm to the legitimate interests of BBEN from granting
such relief.
5.

The public interest weighs in favor of granting HDMI LA the requested

temporary restraining order and seizure order.
6.

BBEN’s

infringing

products

and

materials

evidencing

BBEN’s

infringements alleged in the Complaint are in BBEN’s possession at the CES show
currently taking place in Las Vegas, Nevada, but these materials would likely be destroyed,
moved, hidden, or otherwise made inaccessible to the Court if HDMI LA were to proceed
on notice to BBEN.
TEMPORARY RESTRAINING ORDER
IT IS THEREFORE ORDERED that, pending a decision by the Court on HDMI
LA’s application for a preliminary injunction, BBEN and its officers, agents, servants,
employees, and attorneys; and all other persons acting in active concert or participation
with any of them, are hereby immediately, temporarily restrained from infringing the

28
2

Case 2:18-cv-00041-APG-NJK Document 4-10 Filed 01/09/18 Page 3 of 4

1
2
3
4
5
6
7
8
9

HDMI Trademarks at the CES show in Las Vegas, Nevada, from January 9-12, 2018.
Specifically, BBEN is hereby temporarily restrained from promoting, selling or offering to
sell any products that bear the HDMI Trademarks, either on its packaging or displayed
during the product’s use, such as on a computer screen. In addition, BBEN is hereby
temporarily restrained from transferring, moving, returning, destroying, or otherwise
disposing of any infringing products or evidence of infringement except pursuant to the
below Seizure Order.
SEIZURE ORDER
IT IS FURTHER ORDERED that any evidence of BBEN’s infringing conduct,

10 including (a) any products bearing the HDMI Trademarks, either on the product, its
11 packaging, or during the product’s use, (b) any materials or advertisements promoting the
12 sale of products using the HDMI Trademarks, such as promotional displays or brochures,
13 (c) any products advertised through use of or association with the HDMI Trademarks, and
14 (d) any records showing BBEN’s sales and offers to sell any of the foregoing products
15 (collectively, “Materials”) shall be seized by the United States Marshal or the Sheriff or
16 any Constable of the County of Clark, Nevada, assisted by one or more attorneys for or
17 representatives of HDMI LA, at the booth rented or occupied by BBEN at the CES trade
18 show in Las Vegas, Nevada, during the period of January 9 to 12, 2018. If HDMI LA
19 identifies more infringing products, they can petition the Court to amend this Order.
20

The United States Marshal or the Sheriff or any Constable of the County of Clark,

21 Nevada may use all reasonable force in conducting the seizure, including turning on any
22 electronic devices to determine if the device uses or displays the HDMI Trademarks and
23 opening any doors, locks, boxes, brief cases, or containers of any type or nature to locate
24 and identify Materials to be seized. Attorneys and other representatives of HDMI LA shall
25 accompany the United States Marshal or the Sheriff or any Constable of the County of
26 Clark, Nevada during the seizure to identify the Materials to be seized. HDMI LA’s
27 counsel shall itemize and take possession of the seized Materials, provide a copy of the
28 inventory to the United States Marshal or the Sheriff or any Constable of the County of
3

Case 2:18-cv-00041-APG-NJK Document 4-10 Filed 01/09/18 Page 4 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Clark, Nevada, and file the inventory with the Court. In addition, HDMI LA’s counsel may
record the contents of BBEN’s booth and Materials by photographic and/or videographic
means during the seizure action. The United States Marshal or the Sheriff or any Constable
of the County of Clark, Nevada shall not retain custody of seized Materials. HDMI LA
agrees to indemnify the United States Marshal or the Sheriff or any Constable of the
County of Clark, Nevada and hold it harmless from any suit, claim, cause of action,
damage, loss, or injury arising from the execution of the seizure described in this Order.
IT IS FURTHER ORDERED that this Order and the Summons and Complaint must
be served upon BBEN, if found, at the time of the seizure, and by other means reasonably
calculated to give BBEN notice of this action.
10,000
IT IS FURTHER ORDERED that, HDMI shall deposit $_________ with the Clerk
BBEN
of the Court as security for this order. To the extent BBEN believes that additional security
is necessary pursuant to Rule 65(c), Fed. R. Civ. P., BBEN shall file an application to the
Court and provide notice to counsel for HDMI LA.
IT IS FURTHER ORDERED that a preliminary injunction hearing is set for
_______

Wednesday, January 17

a.m./p.m., in Courtroom

18
19
20
21
22
23

, 2018, at 2:30 p.m.
, before Judge Andrew P. Gordon

6C
.

BBEN shall file and serve any opposition to HDMI LA’s motion for a preliminary
injunction on or before January

16

, 2018.

HDMI LA shall file and serve any reply in support of their motion for a preliminary
injunction on or before

, 2018.

SIGNED AND ENTERED this

9th

day of January, 2018.at 2:00 p.m.

24
25
26

UNITED STATES DISTRICT JUDGE

27
28
4