Filed: Jan. 08, 2014
Latest Update: Jan. 08, 2014
Summary: [ PROPOSED ] CONSENT DECREE AND PERMANENT INJUNCTION R. GARY KLAUSNER, 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 Defendants CDepot, Inc. d/b/a CDepot d/b/a C Depot and d/b/a as Amazon.com Seller cdepotstore, Sandy Williamson, an individual and Simon Peterson, an individual (collectively "Defendants"), in this action, a
Summary: [ PROPOSED ] CONSENT DECREE AND PERMANENT INJUNCTION R. GARY KLAUSNER, 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 Defendants CDepot, Inc. d/b/a CDepot d/b/a C Depot and d/b/a as Amazon.com Seller cdepotstore, Sandy Williamson, an individual and Simon Peterson, an individual (collectively "Defendants"), in this action, an..
More
[PROPOSED] CONSENT DECREE AND PERMANENT INJUNCTION
R. GARY KLAUSNER, 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 Defendants CDepot, Inc. d/b/a CDepot d/b/a C Depot and d/b/a as Amazon.com Seller cdepotstore, Sandy Williamson, an individual and Simon Peterson, an individual (collectively "Defendants"), in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' stipulation and only as to Defendants, their 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 Defendants.
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 Defendants have made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.
4) Defendants and their agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with them 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) The hearing on Plaintiff's Motion for Default Judgment currently on calendar for January 13, 2014, at 9:00 a.m. is hereby vacated.
8) This Injunction shall be deemed to have been served upon Defendants 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 Defendants.
10) 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.
11) 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 Defendants, be reopened should Defendants default under the terms of the Settlement Agreement.
12) This Court shall retain jurisdiction over Defendants 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
Reg. No. Titles Copyright Claimant
R 197-584 The Divorcee (1930) Turner Entertainment Co.
R 217-656 Night Nurse (1931) Turner Entertainment Co.
R 245-015 Three on a Match (1932) Turner Entertainment Co.
Warner Bros. Entertainment
R 627-299 Fast and Furry-ous (1949) Inc. ("WBEI")
RE 156-545 Gee Whiz-z-z-z! (1956) WBEI
R 681-339 Operation: Rabbit (1952) WBEI
RE 286-210 Hook, Line and Stinker (1958) WBEI
RE 373-949 Zip N' Snort (1960) WBEI
RE 341-387 Ready, Woolen, and Able (1959) WBEI
RE 12-225 Beep, Beep (1952) WBEI
RE 528-595 To Beep or Not to Beep (1963) WBEI
R 272-614 Female (1933) Turner Entertainment Co.
Warner Brothers, Inc.
PA 341-856 Disorderlies ("WBI")
It's the Easter Beagle, Charlie United Feature Syndicate,
RE 929-194 Brown Inc.
PA 527-727 Point Break Largo Entertainment
Grover Asmus & Stephen
Coyne, co-trustees of
Donna M. Asmus Trust &
RE 338-581 Free Soul Mary Ellen Owen, co-executor
of the Will of
Anthony I. Owen (PWH)
Goldcrest Films and
PA 241-506 The Killing Fields Television, Ltd.
PA 417-162 Batman WBI
Metro-Goldwyn-Mayer
PA 569-651 Batman Returns Film Company, Inc. & S L
M Entertainment, Ltd.
PA 720-192 Batman Forever New Line Productions, Inc.
Warner Brothers, a division
of Time Warner
PA 859-518 Batman & Robin Entertainment Company,
LP ("WB")
PA 1-222-767 Chasing Liberty Micro Fusion 2003-2, LLP
CURB YOUR ENTHUSIASM: Home Box Office, Inc.
PA 1-744-136 The Divorce ("HBO")
CURB YOUR ENTHUSIASM: HBO
PA 1-746-580 The Safe House
CURB YOUR ENTHUSIASM: HBO
PA 1-739-186 Palestinian Chicken
CURB YOUR ENTHUSIASM: HBO
PA 1-740-510 The Smiley Face
CURB YOUR ENTHUSIASM: HBO
PA 1-740-509 Vow of Silience
CURB YOUR ENTHUSIASM: HBO
PA 1-740-508 The Hero
CURB YOUR ENTHUSIASM: HBO
PA 1-746-589 The Bi-Sexual
CURB YOUR ENTHUSIASM: HBO
PA 1-744-140 Car Periscope
CURB YOUR ENTHUSIASM: HBO
PA 1-748-790 Mister Softee
CURB YOUR ENTHUSIASM: HBO
PA 1-675-545 Seinfeld
CURB YOUR ENTHUSIASM: HBO
PA 1-747-827 Larry vs. Michael J. Fox
PA 1-666-629 ENTOURAGE: Drive HBO
ENTOURAGE: Amongst HBO
PA 1-666-634 Friends
ENTOURAGE: One Car, Two HBO
PA 1-666-631 Car, Red Car, Blue Car
PA 1-666-613 ENTOURAGE: Runnin' One HBO
PA 1-666-625 ENTOURAGE: Fore! HBO
PA 1-666-618 ENTOURAGE: Murphy's Lie HBO
PA 1-666-620 ENTOURAGE: No More Drama HBO
ENTOURAGE: The Sorkin HBO
PA 1-666-622 Notes
PA 1-666-616 ENTOURAGE: Security Brief's HBO
PA 1-666-626 ENTOURAGE: Berried Alive HBO
PA 1-666-682 ENTOURAGE: Scared Straight HBO
ENTOURAGE: Give A Little HBO
PA 1-667-568 Bit
ENTOURAGE: Home Sweet HBO
PA 1-751-680 Home
ENTOURAGE: Out With A HBO
PA 1-751-679 Bang
PA 1-759-114 ENTOURAGE: One Last Shot HBO
PA 1-759-119 ENTOURAGE: Whiz Kid HBO
PA 1-759-118 ENTOURAGE: Motherf*cker HBO
PA 1-764-686 ENTOURAGE: The Big Bang HBO
PA 1-765-845 ENTOURAGE: Second To Last HBO
PA 1-765-833 ENTOURAGE: The End HBO
PA 1-791-633 FINAL DESTINATION FIVE WBEI
R 399-224 Gone with the Wind Turner Entertainment Co.
HARRY POTTER AND THE
PA 1-721-904 DEATHLY HALLOWS PART 1 WBEI
Sherlock Holmes: A Game of
PA 1-771-915 Shadows WV Films IV LLC
RE 023-190 Singin' in the Rain WBEI
PA 1-726-157 THE O.C.: The Avengers WBEI
PA 1-726-155 THE O.C.: The Gringos WBEI
PA 1-726-152 THE O.C.: The Cold Turkey WBEI
PA 1-723-072 THE O.C.: The Metamorphosis WBEI
PA 1-726-153 THE O.C.: The Sleeping Beauty WBEI
THE O.C.: The Summer
PA 1-723-090 Bummer WBEI
PA 1-723-089 THE O.C: The Chrismukk-huh? WBEI
THE O.C.: The Earth Girls Are
PA 1-723-091 Easy WBEI
PA 1-726-150 THE O.C.: The My Two Dads WBEI
THE O.C.: The French
PA 1-726-148 Connection WBEI
PA 1-726-158 THE O.C.: The Dream Lover WBEI
PA 1-726-147 THE O.C.: The Groundhog Day WBEI
THE O.C.: The Case Of The
PA 1-808-897 Franks WBEI
PA 1-808-914 THE O.C.: The Shake Up WBEI
PA 1-723-088 THE O.C.: The Night Moves WBEI
THE O.C.: The End's Not Near,
PA 1-808-902 It's Here WBEI