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ABS-Cbn Corp. v. Ashby

United States District Court, D. Oregon, Portland Division

August 15, 2014

ABS-CBN CORPORATION, a Philippine corporation; ABS-CBN FILM PRODUCTIONS, INC. d/b/a Star Cinema, a Philippine corporation; and ABS-CBN INTERNATIONAL, a California corporation, Plaintiffs,
v.
JEFFREY ASHBY, an individual; LENIE ASHBY, an individual; jointly d/b/a WEBPINOYTAMBAYAN.COM; WATCHFILIPINOT V. COM; WATCHFILIPINOMOVIES.COM; PINOY-TVKO.COM; PINOYTVKO.BIZ; PINOY-TUBE.COM; MYPINOYTUBET V. COM; PINOYTALAGA.COM; PINOYSTREAMING.COM; PINOYMOVIEFAN.COM; PINOYTVEPISODES.NET; PINOYTVEPISODES.INFO; and DOES 1-100, Defendants.

Matthew A. Levin, MARKOWITZ, HERBOLD, GLADE & MEHLHAF, P.C. Portland, OR, Of Attorneys for Plaintiff.

ORDER GRANTING EX PARTE APPLICATION FOR ORDER RESTRAINING TRANSFER OF ASSETS

ANNA J. BROWN, District Judge.

THIS CAUSE is before the Court on Plaintiffs' Ex Parte Application Order Restraining Transfer of Assets (the "Application for Asset Restraint"). The Court has carefully reviewed the Application, the entire court file and is otherwise fully advised in the premises.

By the instant Application, Plaintiffs, ABS-CBN Corporation, ABS-CBN Film Productions, Inc. d/b/a Star Cinema, and ABS-CBN International (hereinafter collectively, "Plaintiffs" or "ABS-CBN"), move ex parte, for an order restraining the advertisement service revenue accounts and financial institution accounts used by the Defendants Jeffrey Ashby and Lenie Ashby (the "Individual Defendants"), d\b\a the Subject Domain Names identified on Schedule "A" attached hereto, and Does 1-100 (with the Individual Defendants, collectively, "Defendants"), pursuant to Fed.R.Civ.P. 65, 28 U.S.0 §1651(a), The All Writs Act, and the Court's inherent authority.

I. Factual Background

The Court bases this Order on the following facts from Plaintiffs' Complaint, the Application for Asset Restraint, the Ex Parte Application for Temporary Restraining Order and Preliminary Injunction, filed contemporaneously herewith (the "Application for TRO"), and supporting evidentiary submissions.

ABS-CBN International is a California Corporation with its principal place of business located at 150 Shoreline Drive, Redwood City, California 94065. ABS-CBN International is a subsidiary of ABS-CBN Corporation. ABS-CBN Corporation also owns ABS-CBN Film Productions, Inc. Both ABS-CBN Corporation and ABS-CBN Film Productions, Inc. are companies organized under the laws of the Republic of the Philippines with their principal places of business in Quezon City, Philippines. ABS-CBN International, ABS-CBN Corporation, and ABS-CBN Film Productions, Inc. are collectively referred to herein as "ABS-CBN." ( See Declaration of Elisha J. Lawrence in Support of Plaintiffs' Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, filed contemporaneously herewith ["Lawrence Decl."] ¶ 2.) ABS-CBN International is the registered owner of the following trademarks on the Principal Register of the United States Patent and Trademark Office, each of which are valid and incontestable pursuant to 15 U.S.C. § 1065 (collectively, the "ABS-CBN Registered Marks"):

The Plaintiffs' Marks are registered and used in connection with high quality services in the categories identified above. (See Lawrence Decl. 5; see also United States Trademark Registrations of the Plaintiffs' Marks at issue ["ABS-CBN Trademark Registrations"] attached as Comp. Ex. A to the Lawrence Decl.)

ABS-CBN International is also, and at all times relevant hereto has been, the owner of all rights in and to the following common law trademark (the "Common Law Mark") used for over 60 years in connection with high quality television broadcasting services via satellite and cable ( Id. 6.):

The ABS-CBN Registered Marks and the ABS-CBN Common Law Mark are collectively referred to herein as the "ABS-CBN Marks." (Id.)

Plaintiffs retained Investigator Robert Holmes ("Holmes"), the founder and CEO of IPCybercrime.com ("IPC"), a licensed private investigative firm located in Plano, Texas. As detailed in the Declaration of Robert Holmes in support hereof and Plaintiffs' Ex Parte Application for Temporary Restraining Order and Preliminary Injunction ("Holmes Decl."), filed contemporaneously herewith, Robert Holmes was able to locate the advertisement services revenue accounts of the Defendants in relation to the advertising networks set up to generate income on their websites. The accounts are identified by Subject Domain Name below:

Thereafter, a representative of Plaintiffs, Elisha J. Lawrence ("Lawrence"), reviewed the broadcast distribution services of ABS-CBN pirated content offered by Defendants via the Internet websites operating under the Subject Domain Names, and determined the distribution services were non-genuine, ...


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