Opinion
21-cv-06536-EMC
07-17-2023
MOONBUG ENTERTAINMENT LIMITED, et al., Plaintiffs, v. BABYBUS (FUJIAN) NETWORK TECHNOLOGY CO., LTD, et al., Defendants.
ORDER RE WITNESS DISCLOSURES AND CROSS DISCLOSURES AND DEPOSITION DESIGNATIONS AND COUNTER DESIGNATIONS FOR JULY 18,2023
Docket Nos. 534, 535
EDWARD M. CHEN UNITED STATES DISTRICT JUDGE
The Court has reviewed Defendants' disclosures, the Plaintiffs' disclosures, as well as the parties' objections. The Court makes the following rulings.
IT IS SO ORDERED.
PLAINTIFFS' OBJECTIONS TO DEFENDANTS' DISCLOSURES
Witnesses
Trial Exhibit No.
P's Objections
Court's Rulings
Yunshan Lin
TE 2365 -- Google Calendar Invite re Call with BabyBus and Moonbug
FRE 401/403 objections to these exhibits previously sustained by the Court. Dkt. 519 at 7-8 (sustaining objections to same exhibits). FRE 802. D responds: “Regarding Defendants' disclosure of TE2365, TE2367-68, TE2372-74, TE3388, TE2360-62, TE2366, TE2369-71, these emails and messages from Moonbug to BabyBus regarding “potential acquisition” and the parties' cross promotion efforts are relevant to Moonbug's failure to mitigate damages and BabyBus' nonwillfulness.”
OVERRULED. These documents concern correspondence between Lin and Moonbug about setting up a meeting, with Lin declining any acquisition overtures. The Court previously sustained the objection to these documents with Jon Benoy, citing its previous ruling: ““The Court SUSTAINS the objection as to Point 3. Point 3 reads: “Moonbug brought this lawsuit because Babybus rejected its acquisition overtures.” Moonbug's motivation in bringing this suit does not make Moonbug's likelihood of prevailing on its claims more or less likely, and it would unduly prejudice the jury.” Docket No. 472 at 2.” Docket No. 519 at 7-8. But to the extent that these exhibits shed light on Moonbug's failure to mitigate and Babybus' nonwillfulness, these exhibits are admissible for those limited purposes and not for the scorned partner argument.
Yunshan Lin
TE 2367 -- Mar. 18, 2021 Robson Email re acquisition
Yunshan Lin
TE 2368 -- Mar 18, 2021 Robson Email re acquisition
Yunshan Lin
TE 2372 -- May 14, 2020 Email re acquisition
Yunshan Lin
TE 2373 -- May 14, 2020 Shelley Email re acquisition
Yunshan Lin
TE 2374 -- Email from Super JoJo to Helen Wong re Moonbug collaboration
Yunshan Lin
TE 2369 -- Super JoJo email re Kidscreen meeting
FRE 401/403 (preCoComelon acquisition; concerns solely Moonbug music business, not video business; irrelevant to question of infringement of the CoComelon Works);
JUDGMENT RESERVED, pending clarification on whether the proposed collaboration involved alleged infringed or
Yunshan Lin
TE 2360 -- Mar. 30 2020 Super JoJo Email re Moonbug Music
Yunshan Lin
TE 2361 -- Winn Email to Super JoJo re Moonbug Music
cf. Dk. 519 at 7-8 (previously sustaining objections to similar exhibits). FRE 802.
infringing music rights at issue in this suit.
Yunshan Lin
TE 2362 -- Wong Email to Super JoJo re Moonbug Music
Yunshan Lin
TE 2366 -- Nov. 4, 2020 Email re Moonbug Music
Yunshan Lin
TE 2370 -- April 9, 2020 Shelley email re Moonbug Music
Yunshan Lin
TE 2371 -- May 12, 2020 Email re Moonbug Music
Yunshan Lin
TE 3388 -- Summary of WeChat Messages (PDF)
FRE 802, 1006 (unclear if the messages were sent and received in one continuous thread together as they are presented or whether this is a summary that is improper/misleading).
SUSTAINED. The PDF is a mashup of WeChat messages between Yun Shan Lin (Babybus) and Helen Wong (Moonbug) about a collaboration. FRE 403.
Yunshan Lin
TE 3461 -- Summary of WeChat Messages (Spreadsheet)
SUSTAINED, see above.
Yunshan Lin
TE 2420-2631 --WeChat Messages between H. Wong and Y. Lin
Yunshan Lin
TE 843 -- 8/27-2021 Email from YouTube to Super JoJo English about DMCA notifications
OVERRULED.
DEFENDANTS' OBJECTIONS TO PLAINTIFFS' CROSS-DISCLOSURES
The Court reviewed Defendants' objections and addresses them below.
Witnesses
Deposition Designation
D's Objections
Court's Rulings
Yunshan Lin
Ex. 933 - November 30, 2020 text message between Xunjie Zhang and Yunshan Lin [Xunjie Zhang: “Good morning. I watched
402, 403 - short titles are not copyrightable and a discussion of titles is not relevant to this case. 37 C.F.R. § 202.1 (“The following are examples of works not subject to
JUDGMENT RESERVED. Moonbug should show relevance and context.
the episode. The title should be changed. Haha. Use Cocomelon as a reference.”]
copyright and applications for registration of such works cannot be entertained: (a) Words and short phrases such as names, titles, and slogans . . . .”); Williams v. Warner/Chappell Music, No. CV 07-2683 SVW (CTX), 2007 WL 9751921, at *2 (C.D. Cal. Sept. 26, 2007) (recognizing copyright law denies protection to single words and phrases such as titles.).