Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: CONSENT DECREE AND PERMANENT INJUNCTION RONALD S.W. LEW , District Judge . The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiffs Twentieth Century Fox Film Corporation and Warner Bros. Home Entertainment Inc. (collectively "Plaintiffs") and Defendant Alex Kucherenko a/k/a L Kucherenko ("Defendant") in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' Stip
Summary: CONSENT DECREE AND PERMANENT INJUNCTION RONALD S.W. LEW , District Judge . The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiffs Twentieth Century Fox Film Corporation and Warner Bros. Home Entertainment Inc. (collectively "Plaintiffs") and Defendant Alex Kucherenko a/k/a L Kucherenko ("Defendant") in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' Stipu..
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CONSENT DECREE AND PERMANENT INJUNCTION
RONALD S.W. LEW, District Judge.
The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiffs Twentieth Century Fox Film Corporation and Warner Bros. Home Entertainment Inc. (collectively "Plaintiffs") and Defendant Alex Kucherenko a/k/a L Kucherenko ("Defendant") in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' Stipulation and only as to Defendant, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:
1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.
2) One or other of the Plaintiffs, or one of their respective affiliates, own or control the copyrights or pertinent exclusive rights to distribute or license the distribution of home video and digital products, including video home cassettes as well as optical discs, including, but not limited to, digital versatile discs (DVDs) and Blu-ray discs (collectively "Media Products") incorporating the motion picture or television episodes subject to the copyright registrations listed in Exhibits "A" and "B" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiffs' Works").
3) Plaintiffs have alleged that Defendant has made unauthorized uses of Plaintiffs' Works or substantially similar likenesses or colorable imitations thereof.
4) Defendant and his agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with him who receive actual notice of the Injunction are hereby restrained and permanently enjoined from infringing — directly, contributorily or vicariously — or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or persuading anyone to infringe in any manner Plaintiffs' Works, including, but not limited to, the following:
a) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing, or using trademarks, trade names or logos in connection with unauthorized Media Products containing any of Plaintiffs' Works;
b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, abetting, or inducing any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any unauthorized versions of Plaintiffs' Works; or
c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiffs' Works while declining to exercise a right to stop or limit such unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiffs' Works.
5) Plaintiffs are entitled to, and shall recover from Defendant, the maximum sum of Two Hundred Fifty Thousand Dollars ($250,000.00), pursuant to the terms of the parties' Release and Settlement Agreement dated and effective May 22, 2018.
6) Each side shall bear its own fees and costs of suit.
7) Except as provided herein, all claims alleged in the Complaint are dismissed without prejudice.
8) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.
9) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendant.
10) The Court shall retain jurisdiction over Defendant and of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction or of the parties' Release and Settlement Agreement dated and effective May 22, 2018.
EXHIBIT "A"
FOX'S COPYRIGHT REGISTRATIONS
Copyright
Registration Title of Work:
Number:
PA0001654004 MODERN FAMILY: Pilot
PA0001656860 MODERN FAMILY: 1ARG02, THE BICYCLE THIEF.
PA0001656850 MODERN FAMILY: 1ARG04, COME FLY WITH ME.
PA0001656858 MODERN FAMILY: 1ARG05, THE INCIDENT.
PA0001656348 MODERN FAMILY, COAL DIGGER.
PA0001656661 MODERN FAMILY: 101, RUN FOR YOUR WIFE.
PA0001656662 MODERN FAMILY, EN GARDE.
PA0001658895 MODERN FAMILY, GREAT EXPECTATIONS.
PA0001668312 MODERN FAMILY: 109, FIZBO.
PA0001668104 MODERN FAMILY, UNDECK THE HALLS.
PA0001668103 MODERN FAMILY, UP ALL NIGHT.
PA0001668105 MODERN FAMILY, NOT IN MY HOUSE.
PA0001668034 MODERN FAMILY, FIFTEEN PERCENT.
PA0001672146 MODERN FAMILY: 1ARG13, MOON LANDING.
PA0001672179 MODERN FAMILY: 1ARG16, MY FUNKY VALENTINE.
PA0001676918 MODERN FAMILY: 118, FEARS.
PA0001676079 MODERN FAMILY: 117, TRUTH BE TOLD.
PA0001676920 MODERN FAMILY: 115, STARRY NIGHT.
PA0001679085 MODERN FAMILY: 121, GAME CHANGER.
PA0001681229 MODERN FAMILY, BENCHED.
PA0001680254 MODERN FAMILY: 114, TRAVELS WITH SCOUT.
PA0001681553 MODERN FAMILY: 119, AIRPORT 2010.
PA0001681210 MODERN FAMILY, HAWAII.
PA0001684093 MODERN FAMILY: 1ARG22, FAMILY PORTRAIT.
PA0001703139 MODERN FAMILY: 2ARG05, THE OLD WAGON.
PA0001705571 MODERN FAMILY: 2, THE KISS.
PA0001705605 MODERN FAMILY: 201, EARTHQUAKE.
PA0001705536 MODERN FAMILY: 202, STRANGERS ON A TREADMILL.
PA0001708078 MODERN FAMILY: 206, UNPLUGGED.
PA0001709234 MODERN FAMILY: 2ARG3778, HALLOWEEN.
PA0001709236 MODERN FAMILY, CHIRP.
PA0001713023 MODERN FAMILY: 211, MANNY GET YOUR GUN.
PA0001713018 MODERN FAMILY: 207, MOTHER TUCKER.
PA0001716796 MODERN FAMILY: 208, DANCE DANCE REVELATION.
PA0001717738 MODERN FAMILY: 212, SLOW DOWN YOUR NEIGHBORS.
PA0001717815 MODERN FAMILY: 210, OUR CHILDREN, OURSELVES.
PA0001717848 MODERN FAMILY: 213, CAUGHT IN THE ACT.
PA0001720494 MODERN FAMILY, BIXBY'S BACK.
PA0001725902 MODERN FAMILY: 217, PRINCESS PARTY.
PA0001725905 MODERN FAMILY: 214, REGRETS ONLY.
PA0001725777 MODERN FAMILY Series — TWO MONKEYS AND A PANDA
Episode (TV-MOTION PICTURE)
PA0001735792 MODERN FAMILY: 220, BOYS' NIGHT.
PA0001735496 MODERN FAMILY: 219, THE MUSICAL MAN.
PA0001735502 MODERN FAMILY: 218, SOMEONE TO WATCH OVER
LILY.
PA0001735497 MODERN FAMILY: 221, MOTHER'S DAY.
PA0001735549 MODERN FAMILY: 222, GOOD COP, BAD DOG.
PA0001745913 MODERN FAMILY, SEE YOU NEXT FALL.
PA0001745994 MODERN FAMILY: 223, THE ONE THAT GOT AWAY.
PA0001754777 MODERN FAMILY: 303, DUDE RANCH.
PA0001754661 MODERN FAMILY: 302, WHEN GOOD KIDS GO BAD.
PA0001764405 MODERN FAMILY: 301, PHIL ON WIRE.
PA0001758163 MODERN FAMILY: 304, DOOR TO DOOR.
PA0001764432 MODERN FAMILY: 306, HIT AND RUN.
PA0001764457 MODERN FAMILY: 307, GO BULLFROGS!
PA0001765410 MODERN FAMILY Series — TREEHOUSE Episode (TV —
MOTION PICTURE)
PA0001768403 MODERN FAMILY, AFTER THE FIRE.
PA0001769544 MODERN FAMILY: 305, PUNKIN CHUNKIN.
PA0001774227 MODERN FAMILY: 310, EXPRESS CHRISTMAS.
PA0001773261 MODERN FAMILY: 311, LIFETIME SUPPLY.
PA0001773250 MODERN FAMILY: 312, EGG DROP.
PA0001775715 MODERN FAMILY: Little Bo Bleep
PA0001777451 MODERN FAMILY: 313, ME JEALOUS.
PA0001777446 MODERN FAMILY: 315, AUNT MOMMY.
PA0001777456 MODERN FAMILY: 317, VIRGIN TERRITORY.
PA0001779289 MODERN FAMILY: 319, LEAP DAY.
PA0001781332 MODERN FAMILY: 316, SEND OUT THE CLOWNS.
PA0001787638 MODERN FAMILY, ELECTION DAY.
PA0001795059 MODERN FAMILY Series — THE LAST WALT Episode (TV —
MOTION PICTURE)
PA0001793706 MODERN FAMILY: 318, PLANES, TRAINS AND CARS.
PA0001793696 MODERN FAMILY: 322, DISNEYLAND.
PA0001793701 MODERN FAMILY: 323, TABLEAU VIVANT.
PA0001795381 MODERN FAMILY: 324, BABY ON BOARD.
PA0001817248 MODERN FAMILY: 401, BRINGING UP BABY.
PA0001821952 MODERN FAMILY: 403, SCHOOLED.
PA0001821953 MODERN FAMILY: 402, SNIP.
PA0001821951 MODERN FAMILY: 404, THE BUTLER'S ESCAPE.
PA0001817411 MODERN FAMILY: 406, OPEN HOUSE OF HORRORS.
PA0001826851 MODERN FAMILY: 405, YARD SALE.
PA0001826778 MODERN FAMILY: 407, ARRESTED.
PA0001826871 MODERN FAMILY: 408, MISTERY DATE.
PA0001829234 MODERN FAMILY: 409, WHEN A TREE FALLS.
PA0001831556 MODERN FAMILY: 411, DIAMOND IN THE ROUGH.
PA0001832152 MODERN FAMILY: 413, NEW YEAR'S EVE.
PA0001836094 MODERN FAMILY, PARTY CRASHER.
PA0001837820 MODERN FAMILY: 412, FULGENCIO.
PA0001839187 MODERN FAMILY: 414, A SLIGHT AT THE OPERA.
PA0001839177 MODERN FAMILY: 418, HEART BROKEN.
PA0001842688 MODERN FAMILY: 416, BAD HAIR DAY.
PA0001842687 MODERN FAMILY: 415, BEST MEN.
PA0001850948 MODERN FAMILY: 417, THE WOW FACTOR.
PA0001854897 MODERN FAMILY: 420, THE FUTURE DUNPHYS.
PA0001844560 MODERN FAMILY: Flip Flop
PA0001854830 MODERN FAMILY: 421, CAREER DAY.
PA0001854841 MODERN FAMILY, MY HERO.
PA0001854835 MODERN FAMILY, GAMES PEOPLE PLAY.
PA0001848789 MODERN FAMILY: 423, GOODNIGHT, GRACIE.
PA0001878402 MODERN FAMILY: Suddenly, Last Summer
PA0001878392 MODERN FAMILY: 5ARG02, FIRST DAYS
PA0001878398 MODERN FAMILY: 5ARG05, LARRY'S WIFE
PA0001878393 MODERN FAMILY: 5ARG04, FARM STRONG.
PA0001886885 MODERN FAMILY: 506, THE LATE SHOW.
PA0001886886 MODERN FAMILY: 507, THE HELP.
PA0001888418 MODERN FAMILY, A FAIR TO REMEMBER.
PA0001888415 MODERN FAMILY: 508, CLOSETCON '13.
PA0001892677 MODERN FAMILY: 503, THE BIG GAME.
PA0001892677 MODERN FAMILY: 503, THE BIG GAME.
PA0001894469 MODERN FAMILY, AND ONE TO GROW ON.
PA0001894467 MODERN FAMILY: 511, UNDER PRESSURE.
PA0001894463 MODERN FAMILY Series — THREE DINNERS Episode (TV —
MOTION PICTURE)
PA0001889915 MODERN FAMILY: 513, ISPY.
PA0001898264 MODERN FAMILY: 514, THE FEUD.
PA0001901038 MODERN FAMILY: 516, SPRING-A-DING-FLING.
PA0001901142 MODERN FAMILY: 517, OTHER PEOPLE'S CHILDREN.
PA0001901144 MODERN FAMILY: 518, VEGAS.
PA0001905939 MODERN FAMILY: 520, A HARD JAY'S NIGHT.
PA0001905743 MODERN FAMILY: 5ARG21, AUSTRALIA.
PA0001911172 MODERN FAMILY: 5ARG22, SLEEPER.
PA0001911174 MODERN FAMILY: 519, MESSAGE RECEIVED.
PA0001909543 MODERN FAMILY: 523, THE WEDDING, PART 1.
PA0001909532 MODERN FAMILY: 524, THE WEDDING, PART 2.
PA0001932058 MODERN FAMILY Series: 601, THE LONG HONEYMOON.
PA0001932056 MODERN FAMILY Series — DO NOT PUSH Episode (TV —
MOTION PICTURE)
PA0001936775 MODERN FAMILY: 603, THE COLD.
PA0001932299 MODERN FAMILY: 605, MARCO POLO.
PA0001932296 MODERN FAMILY: 604, WON'T YOU BE OUR NEIGHBOR.
PA0001934710 MODERN FAMILY: 606, HALLOWEEN 3: AWESOMELAND.
PA0001942854 MODERN FAMILY: 608, QUEER EYES, FULL HEARTS.
PA0001939360 MODERN FAMILY: 6ARG09, THREE TURKEYS.
PA0001939361 MODERN FAMILY: 6ARG07, STRANGERS IN THE NIGHT.
PA0001943891 MODERN FAMILY: 6ARG10, HALEY'S 21ST BIRTHDAY.
PA0001944098 MODERN FAMILY: 613, THE DAY WE ALMOST DIED.
PA0001944082 MODERN FAMILY: 614, THE BIG GUNS.
PA0001949453 MODERN FAMILY: 616, RASH DECISIONS.
PA0001949922 MODERN FAMILY: 615, VALENTINE'S DAY 4: TWISTED
SISTER.
PA0001954368 MODERN FAMILY: 618, FIGHT OR FLIGHT.
PA0001954377 MODERN FAMILY: 612, CONNECTION LOST.
PA0001954375 MODERN FAMILY: 611, CLOSET? YOU'LL LOVE IT.
PA0001955142 MODERN FAMILY: 617, SPRING BREAK.
PA0001956766 MODERN FAMILY: 621, GRILL, INTERRUPTED.
PA0001959190 MODERN FAMILY: 620, KNOCK `EM DOWN.
PA0001958864 MODERN FAMILY: 619, INTEGRITY.
PA0001958865 MODERN FAMILY: 622, PATRIOT GAMES.
PA0001958874 MODERN FAMILY: 623, CRYING OUT LOUD.
PA0001959313 MODERN FAMILY: 624, AMERICAN SKYPER.
PA0001968197 MODERN FAMILY: 7ARG01, Summer Lovin'.
PA0001968250 MODERN FAMILY: 7ARG02, The Day Alex Left for College.
PA0001968256 MODERN FAMILY: 703, The Closet Case.
PA0001969256 MODERN FAMILY: 704, SHE CRAZY.
PA0001969915 MODERN FAMILY: 705, THE VERDICT.
PA0001973867 MODERN FAMILY: 7ARG06, THE MORE YOU IGNORE ME.
PA0001973985 MODERN FAMILY: 7ARG08, PHIL'S SEXY, SEXY HOUSE.
PA0001974069 MODERN FAMILY: 7ARG07, CLEAN OUT YOUR JUNK
DRAWER.
PA0001974077 MODERN FAMILY: 711, WHITE CHRISTMAS.
PA0001977845 MODERN FAMILY: 7ARG09, PLAYDATES.
PA0001976204 MODERN FAMILY: 710, SPREAD YOUR WINGS.
PA0001983424 MODERN FAMILY: 7ARG13, CLEAN FOR A DAY.
PA0001979184 MODERN FAMILY: 7ARG12, THUNK IN THE TRUNK
Episode (TV — MOTION PICTURE)
PA0001979175 MODERN FAMILY: 7ARG16, THE STORM.
PA0001982267 MODERN FAMILY: 7ARG14, I DON'T KNOW HOW SHE
DOES IT.
PA0001983452 MODERN FAMILY: 715, THE COVER-UP.
PA0001983419 MODERN FAMILY: 718, EXPRESS YOURSELF.
PA0001986221 MODERN FAMILY: 717, THE PARTY.
PA0001986218 MODERN FAMILY: 7ARG19, MAN SHOULDN'T LIE.
PA0001990017 MODERN FAMILY: 7ARG20, PROMPOSAL.
PA0001990027 MODERN FAMILY: 7ARG21, CRAZY TRAIN.
PA0001992355 MODERN FAMILY: 7ARG22, DOUBLE-CLICK.
PA0002008406 MODERN FAMILY: 8ARG01, A TALE OF THREE CITIES
PA0002008408 MODERN FAMILY: 8ARG03, A STEREOTYPICAL DAY
PA0002009354 MODERN FAMILY: 8ARG02, BLINDSIDED
PA0002009356 MODERN FAMILY: 8ARG04, WEATHERING HEIGHTS
PA0002013219 MODERN FAMILY: 806, HALLOWEEN 4: THE REVENGE OF
ROD SKYHOOK
PA0002016738 MODERN FAMILY: 8ARG05, GRAB IT
PA0002016260 MODERN FAMILY: 808, THANKSGIVING JAMBOREE
PA0002023122 MODERN FAMILY: 8ARG09, THE ALLIANCE
PA0002022904 MODERN FAMILY: 810, SNOW BALL
PA0002022902 MODERN FAMILY: 811, RINGMASTER KEIFTH
PA0002022908 MODERN FAMILY: 807, SARGE & PEA
PA0002030281 MODERN FAMILY: 8ARG15, DO YOU BELIEVE IN MAGIC?
PA0002030275 MODERN FAMILY: 8ARG12, DO IT YOURSELF
PA0002030584 MODERN FAMILY: 8ARG14, HEAVY IS THE HEAD
PA0002030259 MODERN FAMILY: 8ARG16, FINDING FIZBO
PA0002037261 MODERN FAMILY: 8ARG13, BASKETBALL!
PA0002037262 MODERN FAMILY: 8ARG17, PIG MOON RISING
PA0002038075 MODERN FAMILY: 8ARG18, FIVE MINUTES
PA0002038084 MODERN FAMILY: 8ARG19, FRANK'S WEDDING
PA0002045635 MODERN FAMILY: 8ARG20, ALL THINGS BEING EQUAL
PA0002045633 MODERN FAMILY: 8ARG21, ALONE TIME
PA0002051085 MODERN FAMILY Series — THE GRADUATES Episode (TV —
MOTION PICTURE)
EXHIBIT "B"
WARNER BROS.' COPYRIGHT REGISTRATIONS
Copyright
Registration Title of Work:
Number:
PA 1-063-646 HARRY POTTER AND THE SORCERER'S STONE
PA 1-105-748 HARRY POTTER AND THE CHAMBER OF SECRETS
PA 1-222-542 HARRY POTTER AND THE PRISONER OF AZKABAN
PA 1-279-121 HARRY POTTER AND THE GOBLET OF FIRE
PA 1-355-547 HARRY POTTER AND THE ORDER OF THE PHOENIX
PA 1-647-906 HARRY POTTER AND THE HALF-BLOOD PRINCE
PA 1-721-904 HARRY POTTER AND THE DEATHLY HALLOWS PART 1
PA 1-742-099 HARRY POTTER AND THE DEATHLY HALLOWS PART 2
