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MONSTER CONTENT, LLC v. HOMES.COM

April 3, 2003

MONSTER CONTENT, LLC, A TENNESSEE LIMITED LIABILITY COMPANY, PLAINTIFFS,
v.
HOMES.COM, INC., A DELAWARE CORPORATION; ANDREW S FISHMAN, AN INDIVIDUAL; BRENT E. DAVIS, AN INDIVIDUAL; AND JOHN LORANCE, AN INDIVIDUAL DEFENDANTS. JOHN LORANCE PLAINTIFF (CROSS COMPLAINANT), V. HOMES.COM, INC. DEFENDANT (CROSS DEFENDANT)



The opinion of the court was delivered by: Samuel Conti, Senior United States District Judge.

FINAL INJUNCTION AND DISMISSAL ORDER AS TO THE COMPLAINT FILED BY MONSTER CONTENT, LLC
This case is before the Court on consideration of the Stipulation Regarding Entry of Final Injunction and Dismissal Order as to the Complaint Filed by Monster Content, LLC ("Stipulation"), filed in this cause, in which the parties have stipulated to the entry of this Order adopting and incorporating the stipulations and agreements contained therein as the Order of this Court. Upon consideration of the Stipulation, the agreement of counsel as evidenced by their signatures thereon, and the record as a whole, the Court hereby adopts the terms of the Stipulation, as set forth in paragraphs 1 through 16 of the Stipulation, inclusive, as the final Order in this action as to the Complaint filed by Monster Content, LLC. Upon the entry of this Order, each of the terms set forth in the Stipulation is hereby adopted as the Order of this Court.

Pursuant to Stipulation, and good cause shown, IT IS SO ORDERED.

STIPULATION REGARDING ENTRY OF FINAL INJUNCTION AND DISMISSAL ORDER AS TO THE COMPLAINT FILED BY MONSTER CONTENT, LLC
The parties to this action, by and through their respective counsel, hereby' enter into and submit for entry this Stipulation Regarding Entry of Final Injunction and Dismissal Order (the "Order"), in the form attached as Exhibit A hereto, incorporating and adopting as the Order of the Court the following terms.

RECITALS

1. On January 10, 2002, Plaintiff MONSTER CONTENT, LLC ("Plaintiff") filed its Complaint herein against Defendants HOMES.COM. INC. ("Homes"), ANDREW S. FISHMAN ("Fishman"). BRENT E. DAVIS ("Davis") and JOHN LORANCE ("Lorance") (collectively "Defendants").

2. In this action (the "Monster Action"), Plaintiff asserts causes of action against Defendants for alleged copyright infringement, misappropriation and misuse of trade secrets and confidential information, conversion, trademark infringement, unfair competition, violation of California Business & Professions Code Section 17200, inducement to breach and tortuous interference with contractual relations, and civil conspiracy (the "Monster Claims") with respect to what Monster Claims is a computer program called AgentLinkTM, which is the subject of a Certificate of Registration No. TXU 1-059-591 issued by the United States Register of Copyrights dated December 16, 2002. a copy of which is Exhibit C to the complaint in the Monster Action (collectively the "AgentLinkTM Program").

3. On or about February 3, 2003, Lorance filed his cross-claim for equitable and statutory indemnity, contribution and declaratory relief in the Monster Action as against Homes (the "Cross-Claim").

4. Homes developed, manufactured, marketed, licensed and/or distributed a technical product called AgentExpert (the "AgentExpert Product").

5. Concurrent with the execution of this Stipulation, and consistent with its terms and conditions. Plaintiff and Homes have entered into a Settlement and Release Agreement (the "Homes Release Agreement").

INJUNCTION

6. From and after entry of this order, Defendants and their officers, directors, agents, servants, employees, representatives. attorneys, related companies, successors, assigns, and all others in active concert or participation with them are hereby immediately and permanently enjoined and restrained from:

(a) reproducing. copying. duplicating, disseminating. publishing, transmitting, distributing, displaying. storing. uploading, downloading, offering or making available the AgentLinkTM Program:

(b) making, disseminating, or causing to be made or disseminated in any publication or advertising device, by' public proclamation or in any other manner whatsoever, any statement concerning the Plaintiff's AgentLinkTM Program that is untrue or misleading. and that is known or by the exercise of reasonable care should be known to be untrue or misleading, including, among other things. representing that the Defendants are the lawful owners of the AgentLinkTM Program, or representing that any program offered by Defendants is a new or authorized version of or otherwise affiliated with the AgentLinkTM Program; and

(c) developing, manufacturing, marketing, licensing or distributing any product or computer program that is derived from, uses, incorporates or relies upon Plaintiffs AgentLinkTM Program, with the stipulation that this provision shall not be read to prohibit the continued development. manufacture, marketing, licensing or distribution of the homes' AgentExpert Product. so long as no future modifications, additions or enhancements of said product or ...


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