United States District Court, N.D. California
July 22, 2003
THE SAUL ZAENTZ COMPANY, a corporation Plaintiff,
SPRINT, a corporation Defendant.
The opinion of the court was delivered by: SAMUEL CONTI, District Judge.
WHEREAS, this action was filed on or about April 22, 2002 (the
WHEREAS, the parties to this Action are plaintiff The Saul
Zaentz Company ("Zaentz") and Sprint Spectrum L.P. ("Sprint"),
sued herein as Sprint, a corporation (collectively, the
WHEREAS, the Parties have agreed to a confidential resolution
of the Action; and WHEREAS, as a part of that resolution, Sprint
has consented to the entry of a permanent injunction against it
as detailed below; and
WHEREAS, good cause for entry of such an order appearing to the
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Sprint,
[272 F. Supp.2d 928]
its agents (including, without limitation, Publicis & Hal
Riney and Harvest), employees and all persons in active concert
with it, are permanently enjoined from publishing, broadcasting,
disseminating or using in any manner the television commercial
that is the subject of this Action (the "Commercial") or any
version or draft of the Commercial, or any future version of the
Commercial that is substantially similar under U.S. copyright law
to the film "One Flew Over the Cuckoo's Nest";
AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each party
shall bear its own attorneys' fees and costs incurred in
connection with this Action;
AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Court
shall retain jurisdiction over this Action and the Parties to the
extent necessary to enforce this permanent injunction.
IT IS SO ADJUDGED.
IT IS AGREED that this permanent injunction (the "Injunction")
may be entered between the Parties in this Action.
The Parties whose counsel sign this Injunction agree and
represent to the Court that:
1. This court has jurisdiction over the subject matter and each
party to this action, not only for purposes of rendering the
Injunction, but for enforcing it in any matter permitted by law.
This Injunction will be fully enforceable against Sprint, all
persons named in this Injunction, and any and all other persons
in active concert with those persons.
2. The Parties have been fully counseled on and understand the
consequences of this Injunction.
3. The attorneys who sign this Injunction on behalf of the
Parties are fully authorized to do so on behalf of their
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