REI))D 7 Alh~ .141E.:00USDC·ORP 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

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, 

vs. 

JEFFREY ASHBY, an individual; LENIE 

ASHBY, an individual; jointly d/b/a 

WEBPINOYTAMBAY AN .COM; 

W ATCHFILIPINOTV.COM; 

W ATCHFILIPINOMOVIES.COM; 

PINOY-TVKO.COM; PINOYTVKO.BIZ; 

PINOY-TUBE.COM; 

MYPINOYTUBETV.COM; 

PINOYTALAGA.COM; 

PINOYSTREAMING.COM; 

PINOYMOVIEFAN.COM; 

PINOYTVEPISODES.NET; 

PINOYTVEPISODES.INFO; and DOES 1-

100, 

Defendants. 

3't4s;,J;,Y -127 5 HU( _" 

T~PDJ(H<""f ljl' ORDER GRANTINO EXPrfRTE 

A.f'PI ICATION J'OR ORBBR 

RESTRAINING TRANSFER OF 

ASSETS 

FILED UNDER SEAL 

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 

Page 1- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 1 of 12
Schedule "A" attached hereto, and Does 1-100 (with the Individual Defendants, collectively, 

"Defendants"), pursuant to Fed. R. Civ. P. 65,28 U.S.C §165l(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 ofbusiness 

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 

ofbusiness 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"): 

Page 2- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 2 of 12
Trademark Registration Registration Class I Services Number Date 

March 28, 2000 

IC 038 -television broadcasting ABS-CBN 2,334,131 services via satellite and cable 

IC 038 - Cable television broadcast 

THE FILIPINO 1,994,383 Aug. 20, 1996 IC 041 -television show production and CHANNEL 

programmmg. 

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 ofthe 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.): 

Trademark 

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 

Page 3- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 3 of 12
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: 

Site Advertising Advertising Advertising Service E-mail 

Service Service 

Address and 

Telephone 

Number 

webpinoytambayan.com Adprotected No. 02/63 Le info@.adQrotected.com 

JSC Due Tho, Tu 

Liem District 

HaNoi 

Capital, Viet 

Nam 

Tel: 

+84988999195 

webpinoytambayan.com Exact Media 1133 webmaster@exactmediainc.com 

Inc. dbaAd Broadway 

Reactor #706 

New York, 

NY 10010 

Tel: (646) 

4177100 

webpinoytambayan.com Mad Ads 717D SUQQOrt@madadsmedia.com 

Media LP Fellowship 

Rd. 

Mount Laurel, 

NJ 08054 

Tel: (856) 

8748928 

webpinoytambayan.com, Matomy c/o Matomy info@matomymarket.com 

pinoytvko.biz Media USA, Inc. 

Group 77 Water 

Street 12th 

Floor 

New York, 

NY, 10005 

Tel: (212) 

7711578 

Page 4- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Personalized 

Account Number 

641 

513 

5731 

11881072 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 4 of 12
Site Advertising Advertising Advertising Service E-mail 

Service Service 

Address and 

Telephone 

Number 

watchfilipinotv .com, Matomy c/o Matomy info@matomymarket.com 

watchfilipinomovies.com, Media USA, Inc. 

pinoymoviefan.com, Group 77 Water 

pinoytalaga.com Street 12th 

Floor 

New York, 

NY, 10005 

Tel: (212) 

7711578 

watchfilipinomovies.com Gunggo Co. 7270 7270 Woodbine Ave. #100, 

Ltd. dba Woodbine Markham, ON L3R4B9; (416) 

DirectRev Ave. #100, 637-5079 

Markham, ON 

L3R4B9; 

(416) 637-

5079 

watchfilipinotv. com Gunggo Co. 7270 7270 Woodbine Ave. #100, 

Ltd. dba Woodbine Markham, ON L3R4B9; (416) 

DirectRev Ave. #100, 637-5079 

Markham, ON 

L3R4B9; 

(416) 637-

5079 

pinoytalaga.com Gunggo Co. 7270 7270 Woodbine Ave. #100, 

Ltd. dba Woodbine Markham, ON L3R4B9; (416) 

DirectRev Ave. #100, 637-5079 

Markham, ON 

L3R4B9; 

(416) 637-

5079 

pinoytalaga. com Gunggo Co. 7270 7270 Woodbine Ave. #100, 

Ltd. dba Woodbine Markham, ON L3R4B9; (416) 

DirectRev Ave. #100, 637-5079 

Markham, ON 

L3R4B9; 

(416) 637-

5079 

Page 5- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Personalized 

Account Number 

11949838 

.... 

S0003250 

S0003253 

S0003257 

S0003258 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 5 of 12
Site Advertising Advertising Advertising Service E-mail Personalized 

Service Service Account Number 

Address and 

Telephone 

Number 

watchfilipinomovies.com Google Inc. 1600 legal@google.com ca-pubdb a Amphitheater 1675729808019324 

DoubleClick Way 

Mountain 

View, CA 

94043 

(650) 618-

253-0000 

mypinoytubetv .com Google Inc. 1600 legal@google.com ca-pubdb a Amphitheater 4958601300449566 

DoubleClick Way 

Mountain 

View, CA 

94043 

(650) 618-

253-0000 

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, unauthorized ABS-CBN broadcast distribution services. (See 

Lawrence Decl. ~ 16.) 

Based on their investigation, Plaintiffs demonstrated Defendants have advertised, copied, 

uploaded, performed, and distributed ABS-CBN' s copyrighted content for instant viewing, and 

used ABS-CBN's trademarks without authorization. (See Lawrence Decl. ~~ 16-18; Holmes 

Dec I. ~~ 8-1 0.) Also, Defendants are not now, nor have they ever been authorized or licensed to 

use the ABS-CBN Marks. (See Lawrence Decl. ~~ 16-18.) 

Page 6- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 6 of 12
II. Conclusions of Law 

The declarations Plaintiffs submitted in support of their Applications for TRO and Asset 

Restraint support the following conclusions oflaw: 

A. Under 15 U.S.C. § 1117(a) and 17 U.S.C. § 504(a)-(c), Plaintiffs may be entitled 

to recover, as an equitable remedy, the illegal profits gained through Defendants' advertisement, 

copying, and distribution of ABS-CBN's copyrighted content for instant streaming and use of 

ABS-CBN's trademarks without authorization. See Reebok Int 'l, Ltd. v. Marna tech Enters., Inc., 

970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Products Co. v. Fuller Brush Co., 299 

F.2d 772, 777 (7th Cir. 1962) ("An accounting of profits under§ 1117(a) is not synonymous 

with an award of monetary damages: ' [a ]n accounting for profits ... is an equitable remedy 

subject to the principles of equity."'). See also Datatech Enters. LLC v. FF Magnat Ltd., 2012 

U.S. Dist. LEXIS 131711, at *14-15 (N.D. Cal. Sept. 14, 2012) (issuing preliminary injunction 

and freezing assets based on plaintiff's claim for disgorgement of profits involved an equitable 

remedy under§ 504(b) of the Copyright Act; stating "Upholding copyright protections is in the 

public interest. . . . Absent the requested equitable relief, Datatech may well be entirely denied 

effective remedy for Magnat's alleged infringements.") (citations omitted)); Liberty Media 

Holdings, LLC v. FF Magnat Ltd., 2012 U.S. Dist. LEXIS 86663, at *2-3 (D. Nev. June 21, 

2012) ("Freezing the domain names and any U.S. funds protects Plaintiffs ability to receive any 

possible relief. There is also a genuine public interest in upholding copyright protections .... ) 

(citations omitted)). 

B. The Supreme Court has provided that district courts have the power to grant 

preliminary injunctions to prevent a defendant from transferring assets in cases where an 

equitable interest is claimed. Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc., 

Page 7- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 7 of 12
527 U.S. 308, 144 L. Ed. 2d 319, 119 S. Ct. 1961 (1999). "A court has the power to issue a 

preliminary injunction in order to prevent a defendant from dissipating assets in order to preserve 

the possibility of equitable remedies." Republic of Philippines v. Marcos, 862 F .2d 13 55, 1364 

(9th Cir. 1988), cert. denied, 490 U.S. 1035 (1989). Likewise, "[W]here an equitable remedy is 

available, the district court 'has the power to issue a preliminary injunction to preserve the status 

quo in order to protect the possibility ofthat equitable remedy."' Datatech Enters. LLC v. FF 

Magnat Ltd., 2012 U.S. Dist. LEXIS 131711, at *11-12 (N.D. Cal. Sept. 14, 2012) (quoting 

FT. C. v. HN. Singer, Inc., 668 F.2d 1107, 1112 (9th Cir. 1982) and citing Conn. Gen. Life Ins. 

Co. v. New Images of Beverly Hills, 321 F.3d 878, 882 n.4 (9th Cir. 2003); Ellipso, Inc. v. Mann, 

480 F.3d 1153, 1160, 375 U.S. App. D.C. 270 (D.C. Cir. 2007)). "A plaintiff suing for copyright 

infringement may seek disgorgement of profits attributable to the infringement, see 17 U.S.C. § 

504(b), which is a classic equitable remedy[.]" ld. (citing Chauffeurs Local No. 391 v. Terry, 

494 U.S. 558, 570, 110 S. Ct. 1339, 108 L. Ed. 2d 519 (1990)). 

C. In light of the inherently deceptive nature of the Defendants' business, and 

Defendants' blatant violation of the federal trademark and copyright laws; Defendants previous 

efforts to evade enforcement by moving Subject Domain Names upon notice of infringement; 

Defendants' use of false aliases in connection with the registration ofthe Subject Domain 

Names; use of overseas-based ad services (Adprotected JSC) increasing the likelihood of hiding 

of assets; and Defendants' association and operation within the "Pinoy Pirate" community of 

content uploaders; Plaintiffs have good reason to believe Defendants will hide or transfer their 

ill-gotten assets beyond the jurisdiction of this Court unless those assets are restrained. 

Accordingly, after due consideration, it is 

Page 8- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 8 of 12
ORDERED AND ADJUDGED that Plaintiffs' Ex Parte Application for an Order 

Restraining Transfer of Assets is hereby GRANTED as follows: 

(1) In accordance with Rule 65 ofthe Federal Rules of Civil Procedure, 28 U.S.C 

§ 165l(a), The All Writs Act, and this Court's inherent equitable power to issue provisional 

remedies ancillary to its authority to provide final equitable relief, Defendants and their officers, 

directors, agents, representatives, successors or assigns, and all persons acting in concert or in 

participation with any of them, and any advertisement services, financial institutions, or other 

companies or agencies that engage in the processing or transfer of money and/or real personal 

property, who receive actual notice of this order by personal service or otherwise, are 

temporarily restrained and enjoined from transferring, disposing of, or secreting any money, 

stocks, bonds, real or personal property, or other assets of Defendants or otherwise paying or 

transferring any money, stocks, bonds, real or personal property, or other assets to any of the 

Defendants, or into or out of any financial accounts associated with or utilized by any of the 

Defendants. This Order includes, but is not limited to, all accounts held for the benefit of the 

Defendants by Adprotected JSC, Exact Media Inc. dba Ad Reactor, Mad Ads Media LP, 

Matomy Media Group, Gunggo Co. Ltd. dba DirectRev, and Google Inc. dba DoubleClick 

(including all parent, subsidiary or otherwise related entities); 

(2) Any advertisement service or financial institution served with a copy of this Order 

shall, within five (5) days ofbeing served, (1) provide Plaintiffs' counsel a statement reflecting 

any accounts with the advertisement service(s) or financial institution(s) subject to this Order and 

the dollar amount of any assets contained therein and (2) identify all financial institution 

accounts to which the advertisement service or financial institution served has transferred any 

monies or other assets on behalf of the Defendants from the identified restrained accounts. Such 

Page 9- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 9 of 12
disclosure of the related advertisement service revenue account or financial service account 

information shall be made without notice to the Defendants and account owners until further 

order of this Court. Any advertisement service or financial institution served with a copy of this 

Order shall maintain this Order and its contents as confidential (including with respect to its 

affected customer( s)) until further order of this Court; 

(3) This Order shall remain in effect until such further dates as set by the Court or 

stipulated to by the parties; 

(4) Pursuant to 15 U.S.C. § 1116(d)(5)(D), Plaintiffs shall post an additional bond in 

the amount ofTen Thousand Dollars and Zero Cents ($10,000.00), as payment of damages to 

which Defendants may be entitled for a wrongful injunction or restraint. In the Court's 

discretion, the bond may be subject to increase should the amount of the funds restrained exceed 

$1 0,000.00; 

(5) A hearing is set before this Court in the fA~~ located at 

roeo M w M,J PAtiw, GfLWlfJ/It'' 2014, at r.'3() '~~such other time that 

this Court deems appropriate, at which time Defendants and/or any other affected persons may 

challenge the appropriateness of this Order and move to dissolve the same. 

DONE AND ORDERED in Chambers at ------ p~ ·,Oregon, 

thistday of~ 2014, at 10\Sf a_,~' 

Page 10- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 10 of 12
By: __ _L~~~----------­

Matthew A. Levin, OSB #003054 

MattLevin@MHGM.com 

MARKOWITZ, HERBOLD, GLADE 

& MEHLHAF, P.C. 

1211 SW Fifth A venue, Suite 3000 

Portland, OR 97204-3730 

Tel: (503) 295-3085 

Fax: (503) 323-9105 

Of Attorneys for Plaintiff 

Copies provided to: Counsel of record via CM/ECF 

Pagell- ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 11 of 12
Page 12-

SCHEDULE A 

DOMAINS BY NUMBER AND SUBJECT DOMAIN NAMES 

Domain Number Domain Name 

1 WEBPINOYTAMBAYAN.COM 

2 W ATCHFILIPINOTV.COM 

3 W ATCHFILIPINOMOVIES.COM 

4 PINOY-TVKO.COM 

5 PINOYTVKO.BIZ 

6 PINOY-TUBE.COM 

7 MYPINOYTUBETV.COM 

8 PINOYTALAGA.COM 

9 PINOYSTREAMING.COM 

10 PINOYMOVIEF AN.COM 

11 PINOYTVEPISODES.NET 

12 PINOYTVEPISODES.INFO 

ORDER GRANTING EX PARTE APPLICATION FOR ORDER 

RESTRAINING TRANSFER OF ASSETS 

Case 3:14-cv-01275-BR Document 13 Filed 08/08/14 Page 12 of 12