Filed: Aug. 21, 2013
Latest Update: Aug. 21, 2013
Summary: CONSENT DECREE AND PERMANENT INJUNCTION MANUEL L. REAL, District Judge. The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner Bros. Home Entertainment Inc. ("Plaintiff") and Defendant Michael Hockspiel, an individual and d/b/a as Amazon.com Seller MH SALES ("Defendant"), in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' stipulation and only as to De
Summary: CONSENT DECREE AND PERMANENT INJUNCTION MANUEL L. REAL, District Judge. The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner Bros. Home Entertainment Inc. ("Plaintiff") and Defendant Michael Hockspiel, an individual and d/b/a as Amazon.com Seller MH SALES ("Defendant"), in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' stipulation and only as to Def..
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CONSENT DECREE AND PERMANENT INJUNCTION
MANUEL L. REAL, District Judge.
The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner Bros. Home Entertainment Inc. ("Plaintiff") and Defendant Michael Hockspiel, an individual and d/b/a as Amazon.com Seller MH SALES ("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) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute or license the distribution of home video and digital products, including video home cassettes (VHS) 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 titles subject to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Works").
3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's 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 Plaintiff's 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 Plaintiff's 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 of Plaintiff's Works; or
c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's 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 Plaintiff's Works.
5) Each side shall bear its own fees and costs of suit.
6) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.
7) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.
8) 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.
9) The Court shall retain jurisdiction 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.
10) The above-captioned action, shall, upon filing by Plaintiff of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.
11) This Court shall retain jurisdiction over Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action.
EXHIBIT A
COPYRIGHT REGISTRATIONS
Copyright Title of Work: Claimant of Work:
Registration
Number:
Game Of Thrones: Season
One
PA 1-736-232 GAME OF THRONES: Home Box Office, Inc.
Winter Is Coming
PA 1-736-234 GAME OF THRONES: Home Box Office, Inc.
The Kingsroad
PA 1-737-694 GAME OF THRONES: Home Box Office, Inc.
Lord Snow
PA 1-737-699 GAME OF THRONES: Home Box Office, Inc.
Cripples, Bastards And
Broken Things
PA 1-737-696 GAME OF THRONES: Home Box Office, Inc.
The Wolf And The Lion
PA 1-737-695 GAME OF THRONES: A Home Box Office, Inc.
Golden Crown
PA 1-750-434 GAME OF THRONES: Home Box Office, Inc.
You Win Or You Die
PA 1-738-431 GAME OF THRONES: Home Box Office, Inc.
The Point End
PA 1-739-318 GAME OF THRONES: Home Box Office, Inc.
Baelor
PA 1-740-116 GAME OF THRONES: Home Box Office, Inc.
Fire And Blood
THE VAMPIRE
DIARIES: Season Three
PA 1-806-075 THE VAMPIRE Warner Bros.
DIARIES: The Birthday Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: The Hybrid Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: The End Of Entertainment Inc.
The Affair
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Disturbing Entertainment Inc.
Behavior
Application Pending THE VAMPIRE Warner Bros.
DIARIES: The Reckoning Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Smells Like Entertainment Inc.
Teen Spirit
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Ghost World Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Ordinary Entertainment Inc.
People
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Homecoming Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: The New Deal Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Our Town Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: The Ties That Entertainment Inc.
Bind
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Bringing Out Entertainment Inc.
The Dead
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Dangerous Entertainment Inc.
Liaisons
Application Pending THE VAMPIRE Warner Bros.
DIARIES: All My Entertainment Inc.
Children
Application Pending THE VAMPIRE Warner Bros.
DIARIES: 1912 Entertainment Inc.
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Break On Entertainment Inc.
Through
Application Pending THE VAMPIRE Warner Bros.
DIARIES: The Murder Of Entertainment Inc.
One
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Heart Of Entertainment Inc.
Darkness
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Do Not Go Entertainment Inc.
Gentle
Application Pending THE VAMPIRE Warner Bros.
DIARIES: Before Sunset Entertainment Inc.
PA 1-806-077 THE VAMPIRE Warner Bros.
DIARIES: The Departed Entertainment Inc.
DEADWOOD: Season
One
PA 1-227-680 DEADWOOD: Deadwood Home Box Office, Inc.
PA 1-231-791 DEADWOOD: Deep Home Box Office, Inc.
Water
PA 1-231-792 DEADWOOD: Home Box Office, Inc.
Reconnoitering The Rim
PA 1-227-640 DEADWOOD: Here Was Home Box Office, Inc.
A Man
PA 1-227-633 DEADWOOD: The Trial Home Box Office, Inc.
Of Jack McCall
PA 1-227-641 DEADWOOD: Plague Home Box Office, Inc.
PA 1-232-758 DEADWOOD: Bullock Home Box Office, Inc.
Returns To The Camp
PA 1-232-759 DEADWOOD: Suffer The Home Box Office, Inc.
Little Children
PA 1-232-744 DEADWOOD: No Other Home Box Office, Inc.
Sons Or Daughters
PA 1-232-740 DEADWOOD: Mr. Wu Home Box Office, Inc.
PA 1-233-007 DEADWOOD: Jewels Home Box Office, Inc.
Boot Is Made For Walking
PA 1-233-008 DEADWOOD: Sold Home Box Office, Inc.
Under Sin
DEADWOOD: Season
Two
PA 1-354-918 DEADWOOD: A Lie Home Box Office, Inc.
Agreed Upon, Part I
PA 1-354-919 DEADWOOD: A Lie Home Box Office, Inc.
Agreed Upon, Part II
PA 1-272-613 DEADWOOD: New Home Box Office, Inc.
Money
PA 1-272-614 DEADWOOD: Requiem Home Box Office, Inc.
For A Gleet
PA 1-274-760 DEADWOOD: Home Box Office, Inc.
Complications
PA 1-274-767 DEADWOOD: Something Home Box Office, Inc.
Very Expensive
PA 1-274-768 DEADWOOD: E. B. Was Home Box Office, Inc.
Left Out
PA 1-280-307 DEADWOOD: Childish Home Box Office, Inc.
Things
PA 1-277-128 DEADWOOD: Home Box Office, Inc.
Amalgamation And
Capital
PA 1-275-223 DEADWOOD: Advances Home Box Office, Inc.
None Miraculous
PA 1-275-224 DEADWOOD: The Home Box Office, Inc.
Whores Can Come
PA 1-275-225 DEADWOOD: Boy The Home Box Office, Inc.
Earth Talks-To
DEADWOOD: Season
Three
PA 1-324-821 DEADWOOD: Tell Your Home Box Office, Inc.
God To Ready For Blood
PA 1-324-841 DEADWOOD: I Am Not Home Box Office, Inc.
The Fine Man You Take
Me For
PA 1-324-842 DEADWOOD: True Home Box Office, Inc.
Colors
PA 1-325-040 DEADWOOD: Full Faith Home Box Office, Inc.
And Credit
PA 1-325-041 DEADWOOD: A Two Home Box Office, Inc.
Headed Beast
PA 1-325-042 DEADWOOD: Rich Home Box Office, Inc.
Find
PA 1-325-043 DEADWOOD: Home Box Office, Inc.
Unauthorized Cinnamon
PA 1-340-844 DEADWOOD: Home Box Office, Inc.
Smiles
PA 1-340-840 DEADWOOD: Amateur Home Box Office, Inc.
Night
PA 1-353-510 DEADWOOD: A Home Box Office, Inc.
Constant Throb
PA 1-353-507 DEADWOOD: The Home Box Office, Inc.
Catbird Sear
PA 1-261-131 DEADWOOD: Tell Him Home Box Office, Inc.
Something Pretty