TWENTIETH CENTURY FOX FILM CORPORATION, et al., Plaintiffs, v. ICRAVETV, et al., Defendants. NATIONAL FOOTBALL LEAGUE, et al., Plaintiffs, v. TVRADIONOW CORPORATION, d/b/a ICRAVETV.COM, d/b/a TVRADIONOW.COM, et al., Defendants.
Civil Action No. 00-121 Consolidated with Civil Action No. 00-120
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
53 U.S.P.Q.2D (BNA) 1831; Copy. L. Rep. (CCH) P28,030
February 8, 2000, Decided
OPINIONBY: Donald E. Ziegler
OPINION: ORDER OF COURT
AND NOW, to wit, this 8th day of February, 2000, having previously considered and granted on January 28, 2000 Plaintiffs' Motion for Temporary Restraining Order and having now further considered the evidence and heard the parties on Plaintiffs' Motion for Preliminary Injunction, it is ORDERED that Plaintiff's Motion is GRANTED. It is, therefore, ADJUDGED and DECREED that:
1. Defendants, their officers, agents, servants and employees and those persons in active concert or participation with them, are preliminarily enjoined from:
a. infringing by any means, directly or indirectly, any of plaintiffs' exclusive rights under Section 106(1)-(5) of the Copyright Act, including but not limited to through the transmission (whether through "streaming" or otherwise) of plaintiffs' copyrighted programming into the United States via the iCraveTV.com site or any other Internet site or any online facility of any kind; and
b. infringing any of plaintiffs' trademarks or trade names, or otherwise making any false designation of origin or false representation with regard to sponsorship or authorization of iCraveTV by the plaintiffs.
2. If, after the date of this Preliminary Injunction, defendants again engage in any Internet or other online transmission of plaintiffs' copyrighted programming, they shall:
a. file and serve within five (5) days of first again engaging in such activity, and on the fifteenth day of each month thereafter, a compliance report setting forth a detailed update about the manner in which defendants are complying with this Preliminary Injunction; and
b. provide plaintiffs, on request, on a weekly basis with copies of all of their server logs in a readily usable format specified by plaintiffs.
3. The Findings of Fact and Conclusions of Law made by the Court in issuance of this Preliminary Injunction are being entered separately by the Court contemporaneously with entry of the Preliminary Injunction.
4. The bond of $ 25,000 posted by plaintiffs on Monday, January 31, 2000, after the Temporary Restraining Hearing shall continue.
5. The Order shall be effective as of 11:45 A.M. E.S.T. on Tuesday, February 8, 2000. Donald E. Ziegler
UNITED STATES DISTRICT JUDGE