Le

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DIEN LE, Case No. 23-cv-00914-SI

Plaintiff,

ORDER DENYING EX PARTE

v. MOTION FOR TEMPORARY

RESTRAINING ORDER

TRINH NGOC HUYNH, et al., Re: Dkt. No. 9 Defendants.

12 Before the Court is plaintiff Dien Le’s ex parte motion for a temporary restraining order against defendants Trinh Ngoc Huynh and Huynh Dining. Dkt. No. 9. For the reasons discussed below, the motion is DENIED. 16 BACKGROUND1 Plaintiff’s allegations are as follows. Plaintiff owns Hue Restaurant, which is located in a shopping center in San Jose, California, and serves Vietnamese food. Dkt. No. 1, Complaint, at 2– 3. Plaintiff owns a valid copyright on his menu. Id. at 3. Plaintiff’s former employee, Trinh Ngoc Huynh, has opened a restaurant called Huynh Dining across the street from plaintiff. Plaintiff alleges defendants’ restaurant has “a confusingly similar name and [the] same offerings,” Id. Plaintiff…