20 Century Fox v. iCraveTV

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 TVRADIONW.COM, et al., Defendants.

Civil Action No. 00-121, Civil Action No. 00-120

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

January 28, 2000, Decided

For TWENTIETH CENTURY FOX FILM CORPORATION, DISNEY ENTERPRISES, INC., COLUMBIA TRISTAR TELEVISION, INC., COLUMBIA PICTURES TELEVISION, INC., COLUMBIA PICTURES INDUSTRIES, INC., METRO-GOLDWYN-MAYER STUDIOS, INC., ORION PICTURES CORPORATION, PARAMOUNT PICTURES CORP., UNIVERSAL CITY STUDIOS, INC., plaintiffs: Gregory B. Jordan, Frederick H. Colen, Maria N. Rullo, Christopher J. Soller, Reed, Smith, Shaw & McClay, Pittsburgh, PA.

For TIME WARNER ENTERTAINMENT COMPANY, L.P., CBS BROADCASTING INC, FOX BROADCASTING COMPANY, plaintiffs: Frederick N. Egler, Jr., Egler, Garrett & Egler, Pittsburgh, PA.

For TVRADIO NOW, CORP., WILLIAM CRAIG, defendants: Robert M. Linn, Christine Wettach, Cohen & Grigsby, Pittsburgh, PA. Andrew Z. Schwartz, Marc K. Temin, Foley, Hoag & Eliot, Boston, MA.

For GEORGE SIMONS defendant: Paul W. Roman, Dickie, McCamey & Chilcote, Pittsburgh, PA.

Donald E. Ziegler, UNITED STATES DISTRICT JUDGE.

ORDER OF COURT

AND NOW, to wit, this 28th day of January, 2000, upon consideration of Plaintiffs' Motion for Temporary Restraining Order, it is ORDERED that Plaintiffs' 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 temporarily enjoined from:

a. infringing by any means, directly or indirectly, any of plaintiffs' exclusive rights under 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 sites 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 Studios or the Networks.

2. No later than February 2, 2000, defendants shall provide plaintiffs with copies of all of their server logs in a format specified by plaintiffs, providing plaintiffs updates of the logs on a daily basis thereafter in a readily usable format.

3. Defendants shall file a report with this Court, no later than Wed., February 2, 2000, explaining the steps they have taken [*3] to ensure compliance with this Order, and stating that compliance has been effected, signed under penalty of perjury.

4. The Order shall be effective as of 6:30 p.m. E.S.T. on Friday, January 28, 2000.

5. Plaintiffs shall post a bond of $ 25,000 within three (3) business days.

Donald E. Ziegler
UNITED STATES DISTRICT JUDGE