Filed: Jul. 27, 2017
Latest Update: Jul. 27, 2017
Summary: DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MATTHEW SAUNDRY RONALD S. W. LEW , District Judge . WHEREAS, on March 16, 2017, the Court Clerk entered default against Defendant Matthew Saundry ("Defendant") [16], pursuant to Federal Rules of Civil Procedure 55(a), WHEREAS, on July 27, 2017, this Court GRANTED Plaintiff Twentieth Century Fox Film Corporation's ("Plaintiff") Motion for Default Judgment [18] ("Motion" or "Motion for Default Judgment"), IT IS HEREBY ORDERED,
Summary: DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MATTHEW SAUNDRY RONALD S. W. LEW , District Judge . WHEREAS, on March 16, 2017, the Court Clerk entered default against Defendant Matthew Saundry ("Defendant") [16], pursuant to Federal Rules of Civil Procedure 55(a), WHEREAS, on July 27, 2017, this Court GRANTED Plaintiff Twentieth Century Fox Film Corporation's ("Plaintiff") Motion for Default Judgment [18] ("Motion" or "Motion for Default Judgment"), IT IS HEREBY ORDERED, A..
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DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MATTHEW SAUNDRY
RONALD S. W. LEW, District Judge.
WHEREAS, on March 16, 2017, the Court Clerk entered default against Defendant Matthew Saundry ("Defendant") [16], pursuant to Federal Rules of Civil Procedure 55(a),
WHEREAS, on July 27, 2017, this Court GRANTED Plaintiff Twentieth Century Fox Film Corporation's ("Plaintiff") Motion for Default Judgment [18] ("Motion" or "Motion for Default Judgment"),
IT IS HEREBY ORDERED, ADJUDGED, and DECREED, upon the findings of the Court, that Judgment is entered in favor of Plaintiff and against Defendant, in accordance with this Court's previous Order granting Plaintiff's Motion for Default Judgment [16]. Statutory damages are awarded to Plaintiff in the amount of $240,000. Attorneys' fees are further awarded to Plaintiff in the amount of $8,400. The Court also awards prejudgment interest at the applicable rate set by 28 U.S.C. § 1961(a) on the total judgment amount of $248,400.
Furthermore, the Court GRANTS Plaintiff's request for entry of a permanent injunction, and IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Defendant, his agents, servants, employees and all persons in active concert and participation with him who receive actual notice of the injunction are permanently enjoined from:
a. Infringing the Plaintiff's Copyrights, either directly or contributorily, in any manner, including generally, but not limited to, manufacturing, reproducing, importing, advertising, selling and/or offering for sale any unauthorized product which features any of the Plaintiff's Copyrights, and, specifically:
b. Importing, manufacturing, distributing, advertising, selling and/or offering for sale the Unauthorized Product or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Copyrights;
c. Importing, manufacturing, reproducing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses or bear a confusing similarity to the Plaintiff's Copyrights;
d. Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead, or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the counterfeit products and related merchandise manufactured, sold and/or offered for sale by Defendant, or Defendant himself is connected with Plaintiff, is sponsored, approved or licensed by Plaintiff or is affiliated with Plaintiff;
e. Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff.
The Court shall retain jurisdiction over the parties and the subject matter for the purpose of enforcing the provisions of this Judgment and Order and to enforce its mandatory injunction.
IT IS SO ORDERED.
