United States District Court, N.D. California
October 12, 2005.
U2 HOME ENTERTAINMENT, INC., a California Corporation doing business as NEW IMAGE AUDIO & VIDEO, CENTURY HOME ENTERTAINMENT and TAI SENG ENTERTAINMENT Plaintiff,
THANH VIDEO, business entity form unknown, CHIEU NHI VIDEO & PURE WATER, a business entity form unknown, TRU HUY NGUYEN, an individual and doing business as CHIEU NHI VIDEO & PURE WATER, DIEM CHAU VIDEO, a business entity form unknown, LAM KHAC CU, individually and doing business as DIEM CHAU VIDEO, THUAN TRAN, individually and doing business AS DIEM CHAU VIDEO, and DOES 1 to 200, inclusive, Defendant.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
FINAL JUDGMENT, CONSENT DECREE AND PERMANENT INJUNCTION AS TO
DEFENDANT THANH VIDEO
Plaintiff, U2 HOME ENTERTAINMENT, INC., a California
corporation doing business as NEW IMAGE AUDIO & VIDEO, CENTURY
HOME ENTERTAINMENT and TAI SENG ENTERTAINMENT (formerly TAI SENG
VIDEO MARKETING) ("U2" or "Plaintiff"), having duly commenced
this action by filing the verified complaint herein and serving
certain defendants THANH VIDEO (hereinafter referred to as "Defendant"), alleging
violations of its rights in connection with its copyrights
including, but not limited to the works identified on Exhibit "A"
to the verified compliant, which Exhibit is hereby incorporated
by reference, and service of the verified complaint having been
made on the said Defendant, or, acknowledged by the Defendant's
signature to this Final Judgment, Consent Decree and Permanent
Injunction ("Final Judgment"), and the Plaintiff, and the said
Defendant, having agreed to the entry of this Final Judgment,
without a trial, and without the adjudication of any issue of
fact or law; and the said Parties having consented to the
jurisdiction of the Court and having consented to each and every
provision, order and decree of this Final Judgment, and this
Final Judgment being the result of a compromise of the above
matter and having been stipulated to;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. This Court has jurisdiction over this action for copyright
infringement and false designation of origin and has jurisdiction
over the parties to this suit, as named and set forth above and
below in this Final Judgment. This Court retains jurisdiction
over this matter for the purposes of any contempt or other
enforcement proceeding stemming from any violation of the
permanent injunction or any other provision set forth herein.
2. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant,
and its related business entities, and Defendant's officers,
directors, shareholders, members, partners, agents,
representatives, servants, employees, successors and assigns, and
any and all persons acting in concert or participation with them
who receive actual notice of this Final Judgment are permanently
enjoined and restrained from:
a. Importing, making, marketing, distributing, selling,
offering for sale, renting, leasing and/or otherwise trafficking,
including but not limited to over the Internet, ("Trafficking")
in Unauthorized copies of audio-visual content and/or products
the copyrights to which are owned or licensed by Plaintiff,
whether heretofore released or to be released after date of this
Final Judgment, (hereinafter collectively referred to as
"Plaintiff's Copyrighted Works"), including but not limited to
those works listed on the Exhibit "A" to this Final Judgment. The
term "Unauthorized" includes but is not limited to counterfeit
copies and/or imports in violation of Plaintiff's exclusive
copyright licenses or other interests. b. Otherwise engaging in any other activity related to
Plaintiff's Copyrighted Works in any manner which is likely to
cause others to falsely believe that Defendant is authorized or
approved by or licensed by Plaintiff.
c. In any manner infringing, or contributing to, or
participating in, the infringement by others, of any of the
copyrights in Plaintiff's Copyrighted Works in the United States,
and from acting in concert with, aiding or abetting others, to
infringe any of the said copyrights in any way;
d. Offering to do any of the acts enjoined in subparagraphs (a)
through (c) above.
e. Assisting, aiding, or abetting any other person or business
entity in engaging in or performing any of the activities
referred to in the above paragraphs (a) though (d).
f. This Final Judgment shall be effective as to each such work
for so long as Plaintiff holds the exclusive rights to or owns a
3. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant
shall deliver to Plaintiff or Plaintiff's counsel, at no cost to
Plaintiff, any and all unauthorized copies of Plaintiff's
Copyrighted Works, which are now or later come into the
possession, custody or control of Defendant.
4. The Parties have entered into a written settlement agreement
which provides for monetary payments and the Parties agree that
the Court shall retain jurisdiction to enforce the terms of that
5. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if
Plaintiff is required to file any further proceedings to enforce
the terms of this Final Judgment, the prevailing party in said
proceeding shall be entitled to recover its attorneys' fees and
costs in any such proceedings.
6. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Court
shall retain jurisdiction over any subsequent action resulting
from any violation of this Final Judgment.
7. Defendant agrees and IT IS FURTHER ORDERED, ADJUDGED AND
DECREED that the terms of this Final Judgment shall inure to and
be binding up the successors and assigns of both Plaintiff and
Defendant. 10. This Final Judgment is entered without prejudice to U2
filing an action for non-dischargeability in the event that the
monetary terms of the settlement between the Parties are not
fully paid and there is a subsequent bankruptcy.
AGREED AND CONSENTED TO by U2 HOME ENTERTAINMENT, INC. a
California corporation doing business as NEW IMAGE AUDIO & VIDEO;
CENTURY HOME ENTERTAINMENT and TAI SENG ENTERTAINMENT (FORMERLY
TAI SENG VIDEO MARKETING)
IT IS SO ORDERED.
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