Bangkok Broadcasting & T v. Co. v. IPTV Corp.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION [Docket Nos. 121, 123]

This matter is before the Court on Plaintiff Bangkok Broadcasting & T.V. Co., Ltd.’s (“Plaintiff’ or “BBTV”) Motion for Summary Judgment, and Defendants IPTV Corporation (“IPTV”), BKT Group, Inc. (“BKT”), Ron Petcha, Tip Petcha, and Noppadon Wongchaiwat’s (“Wongchaiwat”) (collectively, “Defendants”) Motion for Summary Judgment or, in the Alternative, for Partial Summary Adjudication, both filed on March 8, 2010. The parties filed Oppositions and Replies to the respective Motions. The Court heard argument on May 10, 2010, the date set for pretrial conference. For the following reasons, the Court GRANTS Partial Summary Adjudication in favor of Plaintiff and Defendants’ Motion is DENIED.

I. BACKGROUND

BBTV is a Thai broadcasting corporation that operates Channel 7, one of the six major free television channels in Thailand, which broadcasts news reports, sports programs, and variety shows. (First Am. Compl. (“FAC”) ¶¶ 9, 44-49; Pl.’s Separate Statement of Undisputed Facts in Supp. of Mot. for Summ. J.…