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Warner Bros. Entertainment Inc. v. Heck

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 13, 2010

WARNER BROS. ENTERTAINMENT INC., PLAINTIFF,
v.
ROBERT HECK, JOHN HECK, INDIVIDUALS AND D/B/A WWW.NOTAVAILABLEONDVD.COM, AND DOES 2 -- 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Valerie Baker Fairbank Judge, United States District Court

CONSENT DECREE AND PERMANENT INJUNCTION

The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner Bros. Entertainment Inc. ("Plaintiff") and Defendant Robert Heck, an individual and d/b/a www.notavailableondvd.com, by and through his counsel of record ("Defendant") in this action, and good cause appearing therefore, hereby:

ORDERS that based on the parties' stipulation and only as to Defendant, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:

1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.

2) Plaintiff claims that it owns or controls the pertinent rights in and to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (The copyrights identified in Exhibit A are collectively referred to herein as "Plaintiff's Properties").

3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.

4) Defendant and his agents, servants, employees and all persons in active concert and participation with him who receive actual notice of the Injunction are hereby restrained and enjoined from:

a) Infringing Plaintiff's Properties, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, reproducing, distributing, advertising, selling and/or offering for sale any unauthorized product which features any of Plaintiff's Properties ("Unauthorized Products"), and, specifically from:

i) Importing, manufacturing, reproducing, distributing, advertising, selling and/or offering for sale the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;

ii) Importing, manufacturing, reproducing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiff's Properties;

iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the products sold by Defendant, or Defendant himself is connected with Plaintiff, is sponsored, approved or licensed by Plaintiff, or is affiliated with Plaintiff;

iv) Affixing, applying, annexing or using in connection with the importation, manufacture, reproduction, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff.

5) Each side shall bear its own fees and costs of suit.

6) Except as provided herein, all claims alleged in the Complaint against Defendant Robert Heck, an individual and d/b/a www.notavailableondvd.com, are dismissed with prejudice.

7) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.

8) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendant.

9) The above-captioned action, shall, upon filing by Plaintiff of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.

10) This Court shall retain jurisdiction over the Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action.

Exhibit A

Warner Bros. Entertainment Inc. Titles Copyright Registration #:

Band of Brothers PA 1-065-861 (Compilation)

Battle Beneath the Earth RE704378

Bermuda Depths PA 293108

Billy the Kid 1930 R207797

Black Samson RE 873966

Born to Be Bad RE 5-324

Boy with Green Hair - The R632489

Brainstorm (1965) RE643150

Breaking Point R671974

Brotherhood Of The Bell RE774756

Bugs & Daffy: The Wartime R500668 (Compilation)

Cartoons

Case Of The Black Cat R333681

Case Of The Black Parrot R452000

Case Of The Stuttering Bishop R345326

Case Of The Velvet Claws R320087

Castle on the Hudson R428500

Chain Lightning R666338 R666338

Christopher Strong R267273

Clay Pigeon-The R632494

Code Name Emerald PA276051;PA294054

College Coach R272625

Complicated Women PA1229739

Confessions Of A Nazi Spy R408948

Confidential Agent R539695

Conspirators, The R528824

Convicts 4 RE508875

Cool Breeze RE830208

Corky RE830207

Cornered R545419

Crack-Up R560797

Crime in the Streets RE226763

Crime School R359675

Crowd, The R164417

Cry Wolf R58500S

D.I. RE254329

Dance Fools Dance R209023

Dangerous R311595

Dangerously They live R474620

Days of Glory 1944 RS06040

Deadline at Dawn R545421

Death of a Scoundrel RE229927

Deception R562332

Decks Ran Red RE279401

Deep Valley R585006

Defector RE683983

Devil Thumbs a Ride R575632

Dial 1119 R672524

Divine Garbo PA499973

Doorway to Hell, The R207504

Dust Be My Destiny 1939 R411599

Escape Me Never R592813

Fallen Sparrow R493276

First Yank Into Tokyo (1945) R545416

Five Came Back R393965

Five Star Final R221914

Flowing Gold R435883

Flying High 1931 R224624

Forsaking All Others R287260

Four Daughters R380520

Four Horsemen of the 1921

VERSION: R42606; 1961

VERSION: RE441199

Gambling House RE42677

Apocalypse

Genesis II RE852102

Gentle Annie (1944) R519493

Green Slime RE731544

Green Years R549471

Hatchet Man R235215

Hellstrom Chronicle RE813946

Hey Good Lookin 1982 PA166193

High Wall R596215

Hit Man R828284

Hollywood Revue - 1929 R191970

I Married a Woman RE222937

I Was A Communist For The RE12196

F.B.I.

I Wouldnt Be in Your Shoes R610859

Inside Out RE891343

Inside the Walls of Folsom Prison RE12197

Irene (1926) R122507

It All Came True R428508 1927

VERSION: R146497

Jazz Singer 1953

VERSION: RE50821

Jimmy the Gent R274566

Johnny Angel R535526

Johnny Eager R450432

Journey Into Fear R480073

Julie RE189388

lady Killer R272636

las Vegas Story RE73590

last Dinosaur RE922678

life of Jimmy Dolan R258572

light in the Piazza RE442635

love On A Bet R316923

love On The Run 1936 R326309

Mad Miss Manton R373953

Magnificent Ambersons R467006

Manpower R460021

Mask of Dimitrios R524609

McClain's law PA131214-PILOT

EPISODE Morgan the Pirate 1960 RE434882

Moving PA360067

Murder Is My Beat RE173788

My Blood Runs Cold RE643152

One Minute to Zero RE73601

Party Girl (1958) RE279857

Penthouse R262527

Petrified Forest - The R318845

Phoenix City Story RE163421

Playing Around (1930) R187786

Raintree County (1957) RE234945

Rogue Cop (1954) RE116754

Run of the Arrow RE244567

Running On Empty PA388992

Saint Joan (1957) RE247059

San Quentin (1946) R570316

Savage Messiah (1972) RE829269

Scene of the Crime (1949) R636121

Second Chance RE104287

Show Boat 1929 R175597

Show Boat 1936 R315829

Show of Shows, The R182907

Sin Of Madelon Claudet, The R223829

Single Standard, The R190523

So Well Remembered (1947) R605231

Special Bulletin PA259036;PA462936

Stranger On The Third Floor R422278

Stranger's Return, The (1933) R260332

Sunday Lovers PA97773

Sweet Hostage RE882739

Tall Target - The RE10226

The Boob R128190

Renewal·for Pt. 1: RE 921779;PT. 2:PA277928

The Outfit (1973) RE848702

The People Against Q"Hara

The Gathering (1951) RE10228

The Power 1986 PA287645

The Rack (1956) RE189374

The Sea Hawk (1924) R94140

The Swan (1956) RE189373

The Two Mrs. Carrolls R578352

1925 VERSION: R108452; 1930

VERSION: R207062

The Window R637957

They Learned About Women R197574

The Unholy Three

THX 113 RE785082

Toast of New York R354279

Unholy Wife - The R244569

Urgh - A Music War PA132616

Welcome to Arrow Beach (1974) RE849858

What Price Hollywood? R242093

White Tower - The RE5318

Woman Of Affairs, A Rl77000

Woman on the Beach - The R584160

Young Stranger RE244566

Young Tom Edison R407776

Zuma Beach PA36464

20100913

© 1992-2010 VersusLaw Inc.



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