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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`FACEBOOK, INC.,
`Plaintiff,
`
`v.
`
`BRANDTOTAL LTD., et al.,
`Defendants.
`
`Case No. 20-cv-07182-JCS
`
`ORDER DENYING AS MOOT
`MOTION FOR PRELIMINARY
`INJUNCTION
`Re: Dkt. No. 126
`
`
`
`Defendants BrandTotal Ltd. and Unimania, Inc. (collectively, “BrandTotal”) moved for a
`preliminary injunction barring Plaintiff Facebook, Inc. from taking action to interfere with or
`block access by BrandTotal’s latest product, referenced by the parties as “UpVoice 2021.”1 The
`Court held a hearing on May 28, 2021. In order to avoid the need for injunctive relief, the parties
`agreed at the hearing that Facebook shall not take such action pending the conclusion of this civil
`action unless it provides BrandTotal notice at least twenty-one days in advance, so that BrandTotal
`may renew its request for relief. The parties further agreed that, during the pendency of this
`action, BrandTotal shall notify Facebook of any changes to the UpVoice 2021 code no later than
`one week after making such changes. Based on that agreement, the motion for a preliminary
`injunction is DENIED as moot.2
`
`IT IS SO ORDERED.
`Dated: May 28, 2021
`
`______________________________________
`JOSEPH C. SPERO
`Chief Magistrate Judge
`
`
`1 The parties have consented to the jurisdiction of a magistrate judge for all purposes under 28
`U.S.C. § 636(c).
`2 To the extent the parties’ agreement does not specifically moot BrandTotal’s request for an
`injunction requiring Facebook to reinstate BrandTotal’s accounts on Facebook’s social network,
`that request is denied for failure to show either serious issues or a likelihood of success on any
`claim that is based on Facebook’s deactivation of those accounts.
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`Northern District of California
`United States District Court
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