The opinion of the court was delivered by: Hon. David O. Carter United States District Judge
FINAL JUDGMENT BY CONSENT AGAINST ONLY DEFENDANT AMERICAN DEBT RELIEF SERVICES, INC. DBA FIRST CHOICE DEBT RELIEF
This Final Judgment by Consent Against Defendant American Debt Relief Services, Inc. d/b/a First Choice Debt Relief ("First Choice") is ordered by the Court as of the date indicated below, and consented to by Plaintiff Quality Support Services, LLC ("QSS").
WHEREAS, on or about March 18, 2008, QSS commenced an action in the United States District Court for the Central District of California (the "Court") entitled Quality Support Services, LLC v. American Debt Relief Services, Inc. et al., Civil Action SACV 09-0342 DOC (ANx) (the "Action");
WHEREAS, the first claim asserted in the Action is one for copyright infringement arising under the Copyright Act, 17 U.S.C. § 101 et seq. This Court has jurisdiction over this Action pursuant to 28 U.S.C. §§ 1331, 1338(a) and (b);
WHEREAS, QSS alleged infringement by Defendants of the work entitled the 2008 Welcome Packet, U.S. Copyright Office Registration Number TX 6-895-348;
WHEREAS, QSS and First Choice wish to resolve their dispute without the necessity of further litigation.
NOW, THEREFORE, QSS and First Choice hereby stipulate to dismiss the entirety of this case with prejudice as follows based on a confidential settlement agreement between the parties that has been fully executed.
Based on this stipulation, the Court hereby ORDERS, DECREES, and ADJUDGES as follows:
1. Defendant First Choice consents to judgment against it on the First Cause of Action in QSS's complaint for copyright infringement as follows: Defendant First Choice is hereby adjudged to have infringed QSS's copyright in the 2008 Welcome Packet. Defendant First Choice's use of the 2008 Welcome Packet does not constitute fair use of the copyrighted material.
2. QSS's copyright in the 2008 Welcome Packet, U.S. Copyright Office Registration Number TX 6-895-348, is valid and enforceable. QSS did not obtain this copyright registration by fraud on the Copyright Office, and QSS has not engaged in misuse of copyright by tying use of its copyrighted work to an agreement by another party to forebear from doing business with QSS's competitors.
3. This action is hereby dismissed with prejudice as to both the claim for copyright infringement and as to the claim for breach of contract.
4. This Court has jurisdiction over the parties and over the subject matter of this dispute and shall retain continuing subject matter and personal jurisdiction for the purposes of construing or enforcing the terms of this Final Judgment, or for resolving any dispute arising thereunder.
5. Each party shall bear its own attorneys' fees, expert fees, costs ...