Case 2:09-cv-01603-ODW-MAN Document 16 Filed 04/03/09 Page 1 of 5 Page ID #:357
`Case 2:09-CV-01603-ODW-MAN Document 16 Filed O4/O3/O9
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`ALLAN B. GELBARD, ESQ.
`THE LAW OFFICES OF ALLAN B. GELBARD
`15760 Ventura Boulevard, Suite 801
`Encino, CA 91436
`Tel:(818 386-9200
`Fax: 81 )386—9289
`Bar
`1 84971
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`Attome for Plaintiff
`Third
`orld Media, LLC
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`UNITED STATES DISTRICT COURT FOR THE
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`CENTRAL DISTRICT OF CALIFORNIA
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`CASE NO: CV09-1603ODW(MANx)
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`PRELIMINARY INJUNCTION
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`Date:
`Time:
`Courtroom:
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`3/10/09
`1 :30PM
`1 1
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`Assigned to the Honorable Odis D Wright II
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`THIRD WORLD MEDIA, LLC,
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`Plaintiff
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`VS.
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`ALLANB.GELBARD.ESQ.
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`15760VenturaBoulevard.Suite801Encino,CA91436Tel
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`(818)386-9200-Fax(818)386-9289
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`XHOT99.INFO; XHOT99.NET;
`SEXBABY.TV' FREESHARE.TV
`INC; HENRY CHENG; and DoEs 1-
`10, INCLUSIVE,
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`
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`Defendants
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`This matter having been heard before the Court on the Order To Show Cause re
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`Preliminary Injunction and good cause having been found, the Court finds as follows.
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`FINDINGS OF FACT AND CONCLUSIONS OF LAW
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`Sufficient evidence has been presented that Defendants XHOT99.INFO;
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`XHOT99.NET; SEXBABY.TV; FREESHARE.TV, INC.; HENRY CHENG; and
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`DOES 1-10, INCLUSIVE (Defendants”), have engaged in unlawfiil infringing
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`activities that are resulting in, and will continue to result in, immediate and irreparable
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`Preliminary lnjunction
`Third World Media v. xhot99.info
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`

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`Case 2:09-cv-01603-ODW-MAN Document 16 Filed 04/03/09 Page 2 of 5 Page ID #:358
`Case 2:O9—cv—Ol603—ODW—MAN Document 16 Filed 04/03/09 Page 2 of 5 Page ID #:358
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`ALLANB.GELBARD.Eso.
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`l5760VenturaBoulevard,SuiteSOIEncino,CA91436Tel
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`(818)386-9200-Fax(818)386-9289
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`loss and damages to Plaintiff. There is reason to believe that Defendants will continue
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`to engage in such unlawful acts unless restrained by this Court. The Court further
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`finds that:
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`1.
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`In their Motion for Temporary Restraining Order, Plaintiffs submitted
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`sufficient evidence of registration of their copyrighted productions establishing that
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`Plaintiffs are the owners of the exclusive rights granted under copyright, in the
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`Productions listed below:
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`10 Little Asians Volumes 9, 10, 11, 12, 13 and 14; 10 Little Latinas
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`Volume 2; Asian Desires Volumes 1, 2, and 3; Asian Juicebox; Asian
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`Thigh Cream Pies Volumes 1, 2, and 3; Bangkok Suckee Fuckee Volumes
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`2, 3, and 5; Big Black Poles Volumes 6, 9, and 16; Banzai Bushwhackers;
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`Chest Full of Asians Volumes 2, 4, 6, 7, and 8; Chopstick Chowdown; Ed
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`Hunters Int Big Boobs; Fresh Off the Boat; Fresh Thai Cream Pies
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`Volumes 1, and 2; Hardcore Workout; Hello Titti Volumes 1, 2, 3, and 4;
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`I’m Camera Shy Volumes 1, and 2; Japanese Cougars Gone Wild;
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`Japanese Underground Idols Volume 2; Japanese Whale Hunt; Little
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`Asian Ass Lickers Volumes 1, and 2; Little Asian Cocksuckers Volumes
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`1, 2, 6, 7, 8, 9, 10, 11, 12, 13 and 14; Little Asian Transsexuals Volumes
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`10, and 11; Me Love Teeny Weenie; Miss Big Ass Brazil Volumes 3, 4,
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`5, and 6; Naughty Little Asians Volumes 3, 8, 9, 10, 11, 13, 14, 15, 16,
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`17, 18, 19, 20, 21, 22, 23, and 24; Pissed Off Japanese Bitches; Pretty
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`Little Asians Volumes 23, 30, 33, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45,
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`46, 47, 48, 49 and 50; Pretty Little Latinas Volumes 14, 18, 32, 35, and
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`48; Rice Rockets; Roppongi After Dark; She—Ma1e Samba Mania
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`Volumes 30, 34, 37, and 38; Soapland Slip and Slide; Teen Brazil
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`Volumes 2, 4, 6, and 7; Teen Japan; Thick Chocolate Shakes; Tokyo
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`Cream Puffs Volumes 1, 2, and 3; and Who’s Your Mamasan (the
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`“Copyrighted Works”).
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`Preliminary Injunction
`Third World Media v. xhot99.info
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`

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`Case 2:09-cv-01603-ODW-MAN Document 16 Filed 04/03/09 Page 3 of 5 Page ID #:359
`Case 2:09—cv—0l603—ODW—MAN Document 16 Filed 04/03/09 Page 3 of 5 Page ID #:359
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`ALLANBGELBARDESQl5760VenturaBoulevard,Suite801Encino.CA91436Tel
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`(8l8)386-9200-Fax(818)386-9289
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`2.
`In their Motion for Temporary Restraining Order, Plaintiffs presented
`sufficient evidence to show that their copyrights in the Copyrighted Works are
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`presently valid and subsisting and have been valid and subsisting at all times herein
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`affecting the matter complained of and that their Copyrighted Works are entitled to
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`copyright protection.
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`\O0O\lO’\
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`3.
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`In their Motion for Temporary Restraining Order, Plaintiffs submitted a true
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`and correct copy of the Certificates of Registration for their Trademark, “Third World
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`Media” therein establishing that Plaintiffs are the trademark proprietors or owners of
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`the exclusive rights therein granted by the United States Patent & Trademark Office.
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`4.
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`In their Motion for Temporary Restraining Order, Plaintiffs submitted a
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`declaration of an individual showing that Defendants have sold unlicenced copies of
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`the Copyrighted Works, bearing Plaintiffs Trademark, without authorization.
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`5.
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`After considering the evidence of Defendants’ sale of unlawfiil VOD
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`download copies of the Copyrighted Works, including Plaintiffs Federally Registered
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`Trademark, the Court finds that Plaintiffs are likely to prevail on their claims of
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`copyright and trademark infringement.
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`6.
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`As shown by the declarations filed in support of Plaintiffs’ Application for
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`Temporary Restraining Order, there is a likelihood that Defendants will hide, transfer
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`or destroy evidence of their infringing activities and the business records or other
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`evidence of infringement, and that Plaintiff will be irreparably harmed and denied an
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`effective remedy if Defendants are not enjoined from altering the status quo by hiding,
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`transferring or destroying evidence of their infringement.
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`7.
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`The Court finds that the potential harm that may be caused to Defendants is
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`not sufficient to preclude the Court from issuing this Order.
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`8.
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`The Court finds that the equities in this matter weigh in favor of Plaintiffs
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`and the issuance of this Order.
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`9.
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`The Court finds that the public interest embodied in the United States
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`Copyright Act (17 U.S.C. §§ 101 et seq.) and the Lanham Trademark Act (15 U.S.C.
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`-3-
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`Preliminary Injunction
`Third World Media v. xhot99.info
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`

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`Case 2:09-cv-01603-ODW-MAN Document 16 Filed 04/03/09 Page 4 of 5 Page ID #:360
`Case 2:O9—cv—Ol603—ODW—MAN Document 16 Filed 04/03/09 Page 4 of 5 Page ID #2360
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`1
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`§§ 1051 et seq) will be furthered by issuance of this Order.
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`10.
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`The Court finds that pursuant to its Temporary Restraining Order of March
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`6, 2009, Plaintiffs counsel served notice of this action on Defendants and their agents
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`and such notice was received and acted upon by Defendants and/or their agents.
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`Further, Plaintiff’ s counsel served notice of the Temporary Restraining Order and of
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`this Show Cause hearing contemporaneously therewith. Defendants were Ordered to
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`file and serve any opposition to this Court’s granting of this Preliminary Injunction no
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`later than 5:00PM on March 13, 2009 and no such opposition has been received by
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`Counsel or this Court.
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`11.
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`The Court finds that the only effective method of preventing Defendants’
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`further infringement and preserving other possible relevant evidence, is to issue the
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`Preliminary Injunction.
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`12.
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`The Court finds that Plaintiff has provided sufficient evidence that
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`Defendants have taken steps to hide their true identities, and that they communicate
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`with and respond to their customers via e-mail. Therefore, the Court determines that
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`Plaintiff’ s service of the pleadings, Temporary Restraining Order and notice of the
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`Preliminary Injunction via e-mail are reasonably calculated to apprize Defendants of
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`the pendency of this action and the issuance of this Order.
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`PRELIMINARY INJUNCTION
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`IT IS HEREBY ORDERED:
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`1)
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`That during the pendency of this action, Defendants and their agents,
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`servants, employees, attorneys, successors and assigns, and all those acting in concert
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`or participation with them, are hereby ENJOINED from further distribution, in any
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`format whatsoever including but not limited to VOD Downloads, of Plaintiffs
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`Copyrighted Works, and/or destroying or removing any documents, electronic files or
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`-4-
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`Preliminary Injunction
`Third World Media v. xhot99.info
`
`
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`ALLANB.GELBARD.Eso.
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`15760VenturaBoulevardSuite801Encino.CA91436Tel
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`(818)386-9200-Fax(818)386-9289
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`Case 2:09-cv-01603-ODW-MAN Document 16 Filed 04/03/09 Page 5 of 5 Page ID #:361
`Case 2:O9—cv—Ol603—ODW—MAN Document 16 Filed 04/03/09 Page 5 of 5 Page ID #:361
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`business records that pertain to the copying, reproduction, duplication, dissemination,
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`or distribution of any infringing copies of said productions; and,
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`2)
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`That during the pendency of this action, Defendants and their agents,
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`servants, employees, attomeys, successors and assigns, and all those acting in concert
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`or participation with them, are hereby ENJOINED from further use, in any format
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`whatsoever, of Plaintiffs federally registered “Third World Media” trademark; and,
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`3)
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`That during the pendency of this action, Defendants and their agents,
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`servants, employees, attorneys successors and assigns, and all those acting in concert
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`or participation with them, be hereby ENJOINED from disposing of, removing, or
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`altering, in any manner, any computers or servers under their custody or control.
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`ORDER FOR SERVICE VIA E-MAIL
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`IT IS HEREBY ORDERED that Plaintiff may serve Defendants with notice of
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`this Order via e-mail by sending copies to request@sexbaby.tv, hadore1@gmail.com,
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`av200@hotmail.com and support@emagineconcept.com.
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`ALLANBGELBARDESQl5760VenturaBoulevard.Suite801Encino.CA9|-136Tel
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`(818)386-9200-Fax(818)386-9289
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`IT IS SO ORDERED
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`54' flj’ Z05 Unite States
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`tCourt Judge
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`tr
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`Dated
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`Order proposed by:
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`Allan B. Gelbard, Esq.
`The Law Offices of Allan B. Gelbard
`
`15760 Ventura Boulevard, Suite 801
`Encino, CA 91436
`Tel:(8 1 8)3 86-9200
`Fax:(818)386-9289
`Bar # 184971
`
`Counsel for Plaintiff, Third World Media, LLC
`
`Preliminary Injunction
`Third World Media v. xhot99.info