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2025-09-08 |
MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the memorandum on joinder, given the same business name and very, very specific and detailed address in Zhejiang province in China, used by the remaining Defendants, joinder is proper absent adversarial presentation. (2.) In this copyright-infringement case, the Plaintiff's motion [13] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. � 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. �504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Court will enter the redacted version of the TRO on the public docket. The Plaintiff's request for electronic service of process is also granted. The tracking status hearing of 09/12/2025 is reset to 09/19/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called).The Plaintiff shall file the TRO extension motion, if appropriate, by 09/12/2025, as well as a status report. Emailed notice |
