Joint Stock Company "Channel One Russia Worldwide" v. Russian TV Company Inc. et al

Filing 298

ORDER. It is hereby ORDERED that parties shall submit any additional comments or suggestions by October 12, 2021. (Signed by Judge Lorna G. Schofield on 10/6/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
JOINT STOCK COMPANY “CHANNEL ONE :
RUSSIA WORLDWIDE”,
:
Plaintiff,
:
:
-against:
:
RUSSIAN TV COMPANY INC., et al.,
:
Defendants. :
------------------------------------------------------------ X

18 Civ. 2318 (LGS)
Order

LORNA G. SCHOFIELD, District Judge:
WHEREAS, the Court has considered the parties’ suggested language for the Permanent
Injunction of Defendants;
WHEREAS, the Court’s draft of the Permanent Injunction is attached below. It is hereby
ORDERED that parties shall submit any additional comments or suggestions by October
12, 2021.

Date: October 6, 2021
New York, New York

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
JOINT STOCK COMPANY “CHANNEL ONE :
RUSSIA WORLDWIDE”,
:
Plaintiff,
:
:
-against:
:
RUSSIAN TV COMPANY INC., et al.,
:
Defendants. :
------------------------------------------------------------ X

18 Civ. 2318 (LGS)
Permanent Injunction
[DRAFT]

LORNA G. SCHOFIELD, District Judge:
WHEREAS, Plaintiff Joint Stock Company “Channel One Russia Worldwide,”
(“Plaintiff” or “Channel One”) commenced this action on March 19, 2018;
WHEREAS, Plaintiff broadcast various channels (the “Channels”) originating in the
Russian Federation;
WHEREAS, on September 22, 2021, this Court found Defendants Russian TV
Company, Inc., SR Express Consulting Inc. d/b/a Techstudio, Steven Rudik, Servernaya Inc.,
and ESTIDesign Inc. (collectively “RTV” or “Defendants”) in violation of Section 605(a) of the
Federal Communications Act, 47 U.S.C. § 605(a) (ECF 292);
WHEREAS, 47 U.S.C. § 605(e)(3)(B)(i) permits the Court to “grant temporary and final
injunctions on such terms as it may deem reasonable to prevent or restrain violations of
subsection [605](a)”;
WHEREAS, “Programming” means the channels broadcast by Channel One in the
Russian Federation and rebroadcast in the countries throughout the world, including Perviy Kanal
(domestic version of Channel One), Channel One Russia Worldwide, Dom Kino, Muzika,
Pervogo, Vremya:dalekoe i blizkoe, Carousel International, Telekafe or any other channel that
Channel One may in the future broadcast via any medium;

WHEREAS, “Distribute” or “Distributing” means to deliver or assist in delivering the
Programming to U.S. consumers by any technological means, including via internet protocol
television, over the top, cable, satellite, or radio;
WHEREAS, the term “Defendants” includes the named Defendants in this action as well
as their parents, subsidiaries, affiliates, predecessors, successors, divisions, operating units,
principals, officers, directors, shareholders, employees, attorneys, members, agents, heirs,
representatives, spin-offs, and future assigns. It is hereby
ORDERED that Defendants are permanently enjoined and restrained from broadcasting,
rebroadcasting, transmitting, or Distributing the Programming unless (i) the parties to this action
in the future otherwise agree in writing, or (ii) Defendants have contracted to do so with a
counterparty, and Plaintiff has authorized the counterparty to transfer or convey to third parties,
such as Defendants, the right to broadcast, rebroadcast, transmit, or Distribute the Programming.
Defendants shall bear the burden of confirming such authorization and shall bear the risk of
failing to do so. It is further
ORDERED that this Court shall retain jurisdiction for the limited purpose of enforcement
of this injunction.

Dated: October 6, 2021
New York, New York