Filed: Jul. 16, 2015
Latest Update: Jul. 16, 2015
Summary: ORDER GRANTING STIPULATED JUDGMENT ON CONSENT MANUEL L. REAL , District Judge . The Court, having considered the parties' Stipulation of Dismissal, namely that: Plaintiff Masterfile Corporation ("Plaintiff") and Defendant Chaga International ("Defendant," and together with Plaintiff, the "Parties"), hereby stipulate to this Judgment on Consent. JURISDICTION AND VENUE 1. This court has jurisdiction over this dispute pursuant to 17 U.S.C. 101 et seq. (copyright infringement and for vio
Summary: ORDER GRANTING STIPULATED JUDGMENT ON CONSENT MANUEL L. REAL , District Judge . The Court, having considered the parties' Stipulation of Dismissal, namely that: Plaintiff Masterfile Corporation ("Plaintiff") and Defendant Chaga International ("Defendant," and together with Plaintiff, the "Parties"), hereby stipulate to this Judgment on Consent. JURISDICTION AND VENUE 1. This court has jurisdiction over this dispute pursuant to 17 U.S.C. 101 et seq. (copyright infringement and for viol..
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ORDER GRANTING STIPULATED JUDGMENT ON CONSENT
MANUEL L. REAL, District Judge.
The Court, having considered the parties' Stipulation of Dismissal, namely that:
Plaintiff Masterfile Corporation ("Plaintiff") and Defendant Chaga International ("Defendant," and together with Plaintiff, the "Parties"), hereby stipulate to this Judgment on Consent.
JURISDICTION AND VENUE
1. This court has jurisdiction over this dispute pursuant to 17 U.S.C. § 101 et seq. (copyright infringement and for violations of the Digital Millennium Copyright Act, 17 U.S.C. § 1201 et seq.), 28 U.S.C. § 1331 (federal question under copyright laws), 28 U.S.C. § 1338 (copyright infringement and unfair competition).
2. This Court has personal jurisdiction over Defendant.
3. Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
4. Plaintiff is a well known stock photography agency with offices at 3 Concorde Gate, Fourth Floor, Toronto, Canada.
5. Defendant is a Nevada corporation engaged in the business of selling anti-aging products with offices at 889 South Rainbow Boulevard, Suite 137, Las Vegas, Nevada 89145.
6. Plaintiff is the owner of valid and subsisting copyrights in photographs (the "Plaintiff Images") as set out below. Plaintiff registered its claims of copyright in the Plaintiff Images and received certificates of registration from the Copyright Office.
Plaintiff Image Copyright Registration
Identification Number Number
700-00000727 VA 1-023-866
700-00021335 VA 1-023-866
700-00029652 VA 1-023-866
700-00030281 VA 1-023-866
700-00030828 VA 1-023-866
700-00034149 VA 1-023-869
700-00038208 VA 1-023-877
700-00046997 VA 1-023-872
700-00064257 VA 1-108-991
700-00067113 VA 1-145-766
700-00158178 VA 1-199-166
700-00158830 VA 1-199-166
700-00170057 VA 1-229-219
700-00177713 VA 1-229-219
700-00177716 VA 1-229-219
700-00177724 VA 1-229-219
700-00364360 VA 1-301-526
700-00430003 VA 1-301-527
700-00459874 VA 1-303-399
700-00478824 VA 1-303-399
700-00517663 VA 1-308-886
700-00519413 VA 1-308-866
700-00523503 VA 1-316-378
700-00528107 VA 1-316-378
700-00544282 VA 1-316-378
700-00592586 VA 1-326-965
700-00796243 VA 1-345-179
700-00814387 VA 1-345-179
700-00847099 VA 1-367-783
700-00847183 VA 1-367-783
700-00864495 VA 1-367-783
700-00865462 VA 1-367-783
700-00911150 VA 1-367-783
700-01112192 VA 1-407-986
7. Defendant used forty (40) of the Plaintiff Images without authorization on its website.
8. The Parties have entered into a Settlement Agreement relating to this dispute, wherein Defendant has had the opportunity to consult counsel in negotiating and entering into the Settlement Agreement and this Judgment on Consent.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
A. Defendant, and its successors, assigns and all those acting under its control or the control of its subsidiaries, affiliates or divisions and/or on their behalf and/or in concert with them, are hereby permanently enjoined from reproducing, publicly performing or displaying, or otherwise using, distributing or transmitting the Plaintiff Images or any other images known by the Defendant to be listed with Plaintiff, or from removing copyright management information from any images known by the Defendant to be listed with Plaintiff.
B. Defendant is hereby ordered to pay to Plaintiff by no later than five (5) business days from the entry of this Judgment the amount of Three Thousand Dollars ($3,000.00) per infringement, totaling One Hundred Twenty Thousand Dollars ($120,000.00).
B. This Court shall retain jurisdiction to interpret, construe and enforce this Judgment on Consent.
C. In the event that the Defendant is found to be in contempt of this Judgment on Consent, said Defendant shall reimburse Plaintiff for all of its fees and costs, including attorney's fees, incurred in bringing and prosecuting the motion(s) for contempt, which shall be in addition to any other relief awarded by this Court.
D. This Judgment on Consent may be entered without any further action.
IT IS SO ORDERED.
