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UMG Recordings, Inc. v. ES Electrosales Leadsinger Co.

January 6, 2009

UMG RECORDINGS, INC., A DELAWARE CORPORATION; UNIVERSAL MUSIC CORP., A NEW YORK CORPORATION; SONGS OF UNIVERSAL, INC., A CALIFORNIA CORPORATION; UNIVERSAL POLYGRAM INTERNATIONAL PUBLISHING, INC., A DELAWARE CORPORATION; RONDOR MUSIC INTERNATIONAL, INC., A CALIFORNIA CORPORATION, FOR ITSELF AND D/B/A/ ALMO MUSIC CORP. AND IRVING MUSIC, INC.; UNIVERSAL MUSIC - MBG NA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY D/B/A UNIVERSAL MUSIC - MGB SONGS; AND UNIVERSAL MUSIC - Z TUNES LLC, A NEW YORK LIMITED LIABILITY COMPANY, FOR ITSELF AND D/B/A UNIVERSAL MUSIC - Z SONGS, AND AS SUCCESSOR TO ZOMBA ENTERPRISES LLC, PLAINTIFFS,
v.
ES ELECTROSALES LEADSINGER CO., LTD., A NEW YORK CORPORATION; ES ELECTROSALES CO., LTD., A NEW YORK CORPORATION; LEADSINGER CORP., A NEW YORK CORPORATION; ENTER-TECH CO., LTD., A CORPORATION ORGANIZED UNDER THE LAWS OF KOREA; JERRY CHOE, AN INDIVIDUAL; AND LEADSINGER, A JOINT VENTURE AND PARTNERSHIP OF ENTER-TECH CO. LTD. AND CHOE; AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: John F. Walter United States District Judge

JUDGMENT AND PERMANENT INJUNCTION

Having considered and granted Plaintiffs' (1) Application for Default Judgment by Court against Defendants ES Electrosales Leadsinger Co., Ltd.; Es

Electrosales Co., Ltd.; Leadsinger Corp.; Enter-Tech Co., Ltd.; and Leadsinger (a joint venture and partnership of Defendants Enter-

Tech Co., Ltd. and Jerry Choe), (2) Motion for Summary Judgment on Liability and Willfulness

Of and Damage against Defendant Jerry Choe, (3) Motion for Attorneys' Fees and Full Costs

Against Defendants ES Electrosales Leadsinger Co., Ltd.; Es Electrosales Co., Ltd.; Leadsinger

Corp.; Enter-Tech Co., Ltd.; and Leadsinger (a joint venture and partnership of Defendants Enter-

Tech Co., Ltd. and Jerry Choe), and (4) Motion for Attorneys' Fees and Full Costs Against

Defendant Jerry Choe,

IT IS ORDERED AND ADJUDGED that Plaintiffs UMG Recordings, Inc., Universal

Music Corp.; Songs of Universal, Inc.; Universal -- PolyGram International Publishing, Inc.;

Rondor Music International, Inc., for itself and d/b/a Almo Music Corp. and Irving Music, Inc.;

Universal Music -- MGB NA LLC, for itself and d/b/a Universal Music -- MGB Songs; and

Universal Music -- Z Tunes LLC, for itself and d/b/a Universal Music -- Z Songs, and as successor to Zomba Enterprises LLC (collectively, "Plaintiffs") shall have and recover, jointly and severally,

from Defendants (1) ES Electrosales Leadsinger Co., Ltd.; (2) Es Electrosales Co., Ltd.; (3)

Leadsinger Corp.; (4) Enter-Tech Co., Ltd.; (5) Leadsinger (a joint venture and partnership of Defendants Enter-Tech Co., Ltd. and Jerry Choe); and (6) Jerry Choe (collectively, "Defendants"),

the sum of $10,950,000, with interest thereon at the rate provided by 28 U.S.C. § 1961.

IT IS FURTHER ORDERED AND ADJUDGED that Plaintiffs shall have and recover their attorneys' fees and costs from Defendants, jointly and severally, in the amount of $132,898.36, for a total Judgment of $11,082,898.32.

IT IS FURTHER ORDERED AND ADJUDGED that Defendants and their agents, servants, employees, officers, successors, parents, subsidiaries, affiliates, divisions, representatives, licensees, assigns, and all persons acting in concert or participating with any of them are hereby permanently enjoined and restrained from directly or indirectly reproducing in copies or phonorecords, distributing, or preparing derivative works based on any of Plaintiffs'

Sound Recordings and Musical Compositions (as hereafter defined), or any part or portion thereof, or otherwise infringing any of Plaintiffs' Sound Recordings or Musical Compositions.

For purposes of this permanent injunction, "Sound Recordings" and "Musical

Composition" include any of the sound recordings or musical compositions identified in Schedule

A and Schedule B, respectfully, to the First Amended Complaint in this action (both of which schedules are attached hereto as Exhibit 1); and any other sound recording or musical composition, whether now in existence or later created, that is owned or controlled by either of the Plaintiffs or any parent, subsidiary, division of affiliate record label of either of the Plaintiffs.

EXHIBIT 1

SCHEDULE A

SELECTION OF COPYRIGHTED SOUND RECORDINGS INFRINGED BY DEFENDANTS RECORDING ARTIST ...


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