Cavanaugh v. Individuals

Background

The plaintiff brought a copyright-infringement action alleging that defendants marketed and sold infringing products through e-commerce storefronts. On March 31, 2025, the court issued a temporary restraining order (TRO), including relief directing third-party internet service providers and financial institutions to restrain defendants’ online selling accounts. The court scheduled a preliminary-injunction hearing for April 25, 2025.

The plaintiff asked to postpone the hearing for three weeks. The plaintiff reported that some service providers had not responded to discovery required by the TRO and that the plaintiff therefore had not been able to serve all defendants with the summons, complaint, and TRO. The plaintiff said AliExpress had disclosed email addresses for defendants on its platform, but Wish.com had not provided information about merchant-defendants. The plaintiff also reported that Wish Holdings LLC apparently had assumed operation of Wish.com through a corporate restructuring and that its lawyers had received the TRO.

Ruling

The court granted the application. It extended the TRO through May 16, 2025, and adjourned the preliminary-injunction hearing to May 16, 2025, at 11:30 a.m. Defendants were required to serve any opposition by May 13, 2025, and the plaintiff was permitted to file any reply by May 14, 2025.

The court found good cause to extend the TRO because the plaintiff could not complete service until a third-party service provider disclosed defendants’ contact information. The court also noted that no defendant had opposed the plaintiff’s preliminary-injunction motion by the April 23 deadline. The Clerk of Court was directed to terminate ECF No. 31. The order did not decide whether the defendants had infringed the plaintiff’s copyright or whether a preliminary injunction should ultimately issue.