Moonbug Entertainment Limited v. Babybus (Fujian) Network Technology Co., Ltd

Opinion

1 2 3 6 7 MOONBUG ENTERTAINMENT Case No. 21-cv-06536-EMC LIMITED, et al., 8 Plaintiffs, ORDER RE WITNESS DISCLOSURES 9 AND CROSS DISCLOSURES AND v. DEPOSITION DESIGNATIONS AND 10 COUNTERDESIGNATIONS FOR JULY BABYBUS (FUJIAN) NETWORK 18, 2023 11 TECHNOLOGY CO., LTD, et al., Docket Nos. 534, 535 12 Defendants.

13 14 15 The Court has reviewed Defendants’ disclosures, the Plaintiffs’ disclosures, as well as the 16 parties’ objections. The Court makes the following rulings. 17 19 20 Dated: July 17, 2023 21 22 ______________________________________ EDWARD M. CHEN 23 United States District Judge

24 25 26 27 PLAINTIFFS’ OBJECTIONS TO DEFENDANTS’ DISCLOSURES 1

2 The Court reviewed Plaintiffs’ objections and addresses them below.

3 Witnesses Trial Exhibit No. P’s Objections Court’s Rulings Yunshan TE 2365 -- Google FRE 401/403 objections to OVERRULED. These 4 Lin Calendar Invite re Call these exhibits previously documents concern with BabyBus and correspondence sustained by the Court. 5 Moonbug between Lin and Dkt. 519 at 7-8 (sustaining Moonbug about setting 6 Yunshan TE 2367 -- Mar. 18, objections to same up a meeting, with Lin Lin 2021 Robson Email re exhibits). FRE 802. declining any 7 acquisition acquisition overtures. D responds: “Regarding The Court previously 8 Yunshan TE 2368 -- Mar 18, Defendants’ disclosure of sustained the objection Lin 2021 Robson Email re TE2365, TE2367-68, to these documents with 9 acquisition Jon Benoy, citing its TE2372-74, TE3388, previous ruling: ““The 10 Yunshan TE 2372 -- May 14, TE2360-62, TE2366, Court SUSTAINS the Lin 2020 Email re TE2369-71, these emails objection as to Point 3. 11 acquisition and messages from Point 3 reads: Moonbug to BabyBus “Moonbug brought this 12 Yunshan TE 2373 -- May 14, regarding “potential lawsuit because Lin 2020 Shelley Email re acquisition” and the Babybus rejected its 13 acquisition acquisition overtures.” parties’ cross promotion Moonbug’s motivation 14 Yunshan TE 2374 -- Email efforts are relevant to in bringing this suit Lin from Super JoJo to Moonbug’s failure to does not make 15 Helen Wong re mitigate damages and Moonbug’s likelihood Moonbug BabyBus’ non- of prevailing on its 16 collaboration willfulness.” claims more or less likely, and it would 17 unduly prejudice the jury.” Docket No. 472 18 at 2.” Docket No. 519 at 7-8. But to the extent 19 that these exhibits shed light on Moonbug’s 20 failure to mitigate and Babybus’ non- 21 willfulness, these exhibits are admissible 22 for those limited purposes and not for the 23 scorned partner argument. 24 Yunshan TE 2369 -- Super JoJo FRE 401/403 (pre- JUDGMENT 25 Lin email re Kidscreen CoComelon acquisition; RESERVED, pending meeting concerns solely Moonbug clarification on whether 26 Yunshan TE 2360 -- Mar. 30 music business, not video the proposed Lin 2020 Super JoJo business; irrelevant to collaboration involved 27 Email re Moonbug question of infringement of alleged infringed or Music the CoComelon Works); Yunshan TE 2361 -- Winn cf. Dk. 519 at 7-8 infringing music rights 1 Lin Email to Super JoJo re (previously sustaining at issue in this suit. Moonbug Music objections to similar 2 Yunshan TE 2362 -- Wong exhibits). FRE 802. Lin Email to Super JoJo re 3 Moonbug Music Yunshan TE 2366 -- Nov. 4, 4 Lin 2020 Email re Moonbug Music 5 Yunshan TE 2370 -- April 9, Lin 2020 Shelley email re 6 Moonbug Music Yunshan TE 2371 -- May 12, 7 Lin 2020 Email re Moonbug Music 8 Yunshan TE 3388 -- Summary FRE 802, 1006 (unclear if SUSTAINED. The 9 Lin of WeChat Messages the messages were sent and PDF is a mashup of (PDF) received in one continuous WeChat messages 10 thread together as they are between Yun Shan Lin presented or whether this is (Babybus) and Helen 11 a summary that is Wong (Moonbug) about improper/misleading). a collaboration. FRE 12 403.

13 Yunshan TE 3461 -- Summary FRE 401/403, 802 SUSTAINED, see Lin of WeChat Messages above. 14 (Spreadsheet) Yunshan TE 2420-2631 -- 15 Lin WeChat Messages between H. Wong and 16 Y. Lin

17 Yunshan TE 843 -- 8/27-2021 FRE 802 OVERRULED. Lin Email from YouTube 18 to Super JoJo English about DMCA 19 notifications

21 DEFENDANTS’ OBJECTIONS TO PLAINTIFFS’ CROSS-DISCLOSURES 22 The Court reviewed Defendants’ objections and addresses them below. 23

Witnesses Deposition D’s Objections Court’s Rulings 24 Designation Yunshan Ex. 933 – November 402, 403 – short titles are JUDGMENT 25 Lin 30, 2020 text message not copyrightable and a RESERVED. between Xunjie Zhang discussion of titles is not Moonbug should show 26 and Yunshan Lin relevant to this case. 37 relevance and context. C.F.R. § 202.1 (“The 27 [Xunjie Zhang: “Good following are examples of the episode. The title copyright and applications 1 should be changed. for registration of such Haha. Use Cocomelon works cannot be 2 as a reference.”] entertained: (a) Words and short phrases such as 3 names, titles, and slogans . . . .”); Williams v. 4 Warner/Chappell Music, No. CV 07-2683 SVW 5 (CTX), 2007 WL 9751921, at *2 (C.D. Cal. Sept. 26, 6 2007) (recognizing copyright law denies 7 protection to single words and phrases such as titles.). 8

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