Case 4:17-cv-01287 Document 10 Filed in TXSD on 05/05/17 Page 1 of 6
United States District Court
Southern District of Texas

ENTERED
May 05, 2017
David J. Bradley, Clerk

 Case 4:17-cv-01287 Document 10 Filed in TXSD on 05/05/17 Page 2 of 6

Defendants continue to infringe exclusive rights in the 2017 IPL. Defendants have taken
efforts to evade the entry of an injunction by the Court, including redirecting 
and redirecting to (collectively,

the ?Websites?) and utilizing additional foreign service providers.

TCL presented compelling evidence that Defendants have displayed, distributed, and
publicly performed and intend to continue displaying, distributing and publicly performing the
2017 IPL through the Websites. TCL provided screenshots in which Defendants represent that they
intend to provide unauthorized online streams of the live 2017 IPL as it is initially transmitted. TCL
also presented evidence that Defendants have displayed, distributed, and publicly performed prior
2017 IPL matches. Defendants have not responded to Advance Notices of Potential
Infringement, cease and desist letters, or notices concerning the filing of its complaint, this motion,
or the Hearing. If Defendants continue with their anticipated unauthorized streams of the 2017 IPL,
they would violate exclusive rights owned by TCL, including without limitation the exclusive right
to distribute and/or publicly perform.

TCL presented evidence that Defendants rely on various third party service providers to
keep the Websites online. These service providers include but are not limited to VeriSign, Inc.,
Cloud?are, Inc., Enom, Inc., Internet Domain Service BS Corp., Mikro VPS Kft., Contabo GmbH,
Whoisguard, Inc., WhoisPrivacy Corp., VZW European Registry For Internet Domains
PW Registry Corporation, Tucows Inc., TLD Registrar Solutions Ltd., and
IceNetworks Ltd. (d/b/a OrangeWebsite.com). TCL served copies of the complaint and notice of
the Hearing on each of the foregoing service providers.

TCL established that it will suffer irreparable harm in the absence of immediate relief.

Among other things, Defendants? continued infringement will strip TCL of the critical rights of ?rst

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distribution and public performance of valuable live sporting events, interfere with 
relationships with third parties, likely damage goodwill among consumers, and deprive TCL
of revenue that will be dif?cult or impossible to calculate, but is likely in excess of any amount that
Defendants could repay to TCL in damages even if the amount could be calculated.

The balance of equities also tips sharply in favor. The Court is not aware of any
legitimate interest of Defendants that would be damaged by requested injunction.

An injunction is also in the public interest because it will effectuate the policy and purpose
of the Copyright Act to protect intellectual property rights and to incentivize the creation of
copyrightable works.

The Court ?nds that no bond is required in this case because there is no realistic likelihood
that Defendants will be harmed by requested injunction.

The Court also ?nds that ex parte relief is appropriate in this case because TCL has acted
expeditiously and has established that it will suffer irreparable harm if its motion is heard on the
normal motion calendar. TCL also gave Defendants notice of its complaint, its motion, and the Hearing,
giving them an opportunity to be heard.

Accordingly, the Court, pursuant to 17 U.S.C. 502 and 5120) and the Court?s equitable
powers, hereby ORDERS as follows:

1. Each and every one of the Defendants and their agents, servants, employees,
of?cers, attorneys, successors, licensees, partners, and assigns and all those acting in active concert
or participation with any of them, including any and all service providers who receive notice of this

order, are enjoined from:

 

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a. hosting, displaying, linking to, distributing, reproducing, publicly performing,
selling, offering for sale, making available for download, streaming or making any other use of the
2017 IPL or any portion thereof in the United States;

b. taking any action that induces, causes or materially contributes to the direct
infringement of rights in the 2017 IPL by any third party, including without limitation
hosting, displaying, linking to, distributing, reproducing, publicly performing, selling, offering for
sale, making available for download, streaming or making any other use of the 2017 IPL or any
portion thereof in the United States; and

c. otherwise infringing copyright in the 2017 IPL in any manner,
whether directly, contributorily, vicariously or in any other way.

2. Without limiting Paragraph 1 in any way, it is further ordered that upon receipt of
this order, all service providers whose services will enable or facilitate Defendants? anticipated
infringement are ordered to suspend all services with respect to 
and or any other website or
domain that is redirected from the Websites and continues to distribute and publicly perform the
2017 IPL. This includes VeriSign, Inc., Cloud?are, Inc., Enom, Inc.,
Internet Domain Service BS Corp., Mikro VPS Kft., Contabo GmbH, Whoisguard, Inc.,
WhoisPrivacy Corp., VZW European Registry For Internet Domains PW Registry
Corporation, Tucows Inc., TLD Registrar Solutions Ltd., and IceNetworks Ltd. (d/b/a
0rangeWebsite.com), as well as all other registries, registrars, hosts, privacy protection, name
servers, entities used to advertise on or monetize the Websites, and also includes all providers who
enable video delivery services to and from Defendants? Websites including all site acceleration

providers, providers of video delivery resources, and providers of computer and network resources

 

 

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through which video transits. Services may be restored to the Websites no earlier than 6:00 am.
CDT on May 22, 2017. For the avoidance of doubt, the Court?s intent is to ensure that Defendants?
Websites be rendered of?ine, inaccessible and incapable of receiving or displaying audio or video
signals between the date of this order and 6:00 am. CDT on May 22, 2017.

3. It is further ordered that the registries and registrars holding or listing the domain
names smartcric.com, smartcric.eu, crickethdlive.com, and crickethdlivepw (collectively
?Domains?), or any other domain that is redirected from the Domains and continues to distribute
and publicly perform the 2017 IPL, including but not limited to VeriSign, Inc., Enom, Inc.,
Internet Domain Service BS Corp., VZW European Registry For Internet Domains 
PW Registry Corporation, Tucows Inc., and TLD Registrar Solutions Ltd., upon receiving actual
notice of this order, shall immediately change the registrar of record for the domains to a holding
account with GoDaddy.com, Inc., or any other registrar pursuant to agreement with TCL, provided
by TCL at expense. Upon such transfer of the domains into a holding account,
GoDaddy.com, Inc. or other designated registrar will hold the domains in trust for the court during
the pendency of this action. After GoDaddy.com, Inc. or other designated registrar has effected
this change, the registries and registrars who receive notice of this order, are ordered to keep the
domains frozen and placed on lock status to prevent the domains from being modi?ed, sold,
transferred to another owner, or deleted until further order of this Court. This process shall
effectively seize and impound the domains so their content is no longer accessible on the Internet
until 6:00 am. CDT on May 22, 2017.

4. It is further ordered that Defendants and their agents, servants, employees, officers,
attorneys, successors, licensees, partners, and assigns and all those acting in active concert or

participation with any of them are enjoined from effecting assignments or transfers, forming new

 

 

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entities or associations or utilizing any other device for the purpose of circumventing or otherwise

avoiding the prohibitions set forth herein.

5. TCL is not required to post any bond prior to the issuance of this temporary
restraining order.
6. TCL shall include a copy of this order in any correspondence it sends to any person

or entity it believes is acting in active concert or participation with any of Defendants, including
without limitation VeriSign, Inc., Cloud?are, Inc., Enom, Inc., Internet Domain Service BS Corp.,
Mikro VPS Kit, Contabo GmbH, Whoisguard, Inc., WhoisPrivacy Corp, VZW European
Registry For Internet Domains PW Registry Corporation, Tucows Inc., TLD Registrar
Solutions Ltd., and OrangeWebsite.com, and any other person or entity who provides services with
respect to the Websites or Domains, or any other website or domain that is redirected from the
Websites or Domains and continues to distribute and publicly perform the 2017 IPL

7. TCL may apply to this Court for modifications of this Preliminiary Injunction as
appropriate.

IT IS SO ORDERED.

77? 
Entered thisgdayofMay, 2017 at CDT.

?er,)v

Ewing ein, Jr.
United ates District Judge