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Warner Bros. Entertainment Inc. v. Cote

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 16, 2010

WARNER BROS. ENTERTAINMENT INC., PLAINTIFF,
v.
THOMAS COTE A/K/A TOM COTE, AN INDIVIDUAL AND D/B/A VINTAGECLASSICMOVIES.COM, AND DOES 1 -- 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. George H. Wu Judge, United States District Court for the Central District of California

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 Thomas Cote a/k/a Tom Cote, an individual and d/b/a VintageClassicMovies.com ("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 are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are 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 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 Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction.

10) 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.

11) 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 REGISTRATION NO. TITLES ALONG THE RIO GRANDE (1941) R435612 ANNAPOLIS SALUTE 1937 R354274 ASK ANY GIRL (1959) RE 341-210 BARBARIAN, THE (1933) R257277 BEAUTIFUL BUDAPEST (1938) R358835 BEAUTY & THE BOSS...1932 R235211 BECAUSE YOU'RE MINE 1952 RE43727 BIG CITY BLUES...1932 R242624 BIG HEARTED HERBERT (1934) R286407 BIG SHAKEDOWN, THE--1934 R272618 BIG SHOT, THE- 1931 R234897 BITTER SWEET 1940 R422052 BLONDIE OF THE FOLLIES--1932 R243005 BLOOD ON THE MOON (1948) R627222 BOY AND HIS DOG - 1946 R576593 BRIGHT LEAF (1950) R671969 BRITISH AGENT (1934) R286406 COBWEB, THE (1955) RE151760 CONFESSIONS OF A NAZI SPY -1939- 104 MINS - EDWARD G. ROBINSON, PAUL LUKAS R408948 CONFLICT 1945 R538967 CONQUEST - 1937 R347844 CRACKED NUTS (1931) R233572 CROSS OF LORRAINE, THE - 1943 R494776 DANCING SWEETIES - 1930 R195748 DARK HORSE...1932 R238218 DAWN PATROL, THE (1930) R207502 DESERT NIGHTS (1929) R186417 DEVIL IS A SISSY, THE--1936 R322538 DEVIL MAKES THREE, THE (1952) RE43726 DON JUAN - 1926 R131089 DOWNSTAIRS (1931) R241472 DRAEGERMAN COURAGE (1937) R333680 DRAGON SEED (1944) R509580 DYNAMITE (1929) R191968 EASIEST WAY, THE (1931) R209593

EDGE OF DARKNESS (1943) R498959 ENCHANTED COTTAGE, THE (1945) R529248 EXIT SMILING (1926) R136525 FACING YOUR DANGER - 1946 R543345 FAITHLESS (1932) R244536 FIVE STAR FINAL (1931) R221914 FLORODORA GIRL, THE (1930) R206815 FRISCO JENNY (1933) R256864 GAY BRIDE, THE--1934 R285507 GOING HIGHBROW - 1935 R304081 GOING HOLLYWOOD - 1933 R268124 GOLD DUST GERTIE (1931) R215574 GOLDEN ARROW--1936 R318891 GOODBYE MISS TURLOCK - 1947 R596213 GRAND SLAM 1933 R256872 GREAT GARRICK, THE (1937) R359639 GREEN FIRE 1954 RE116760 GREEN YEARS, THE (1946) R549971 GUY NAMED JOE - 1943 R498857 HELL DIVERS (1932) R230217 HITLER'S MADMAN (1943) R488042 HOLIDAY AFFAIR, THE (1949) R648102 HOLLYWOOD REVUE OF 1929, THE R191970 HOTEL (1967) RE703855 IF I WERE FREE (1933) R268813 JEWEL ROBBERY (1932) R239605 JOHN PAUL JONES 1959 RE342419 JOURNEY, THE (1958) R279403 LADY OF CHANCE, A (1929) R180194 LADY OF THE NIGHT (1925) R106671 LET'S TRY AGAIN - 1934 R281534 LITTLE GIANT, THE (1933) R256997 LOST LADY, A (1934) R286405 MADAME X (1929) R189160 MAISIE GETS HER MAN 1942 R462538 MANDALAY (1934) R272622 MARE NOSTRUM (1926) R133179 MARY STEVENS M.D. (1933) R258576 MASTER OF BALLANTRAE (1953) RE50824

MAYTIME 1937 R334475 MERRY WIDOW (1925) R115459 MR. CINDERELLA...1936 R324569 MR. DODD TAKES THE AIR (1937) R345396 NAUGHTY MARIETTA (1935) R292426 NAVY BLUE AND GOLD 1937 R349435 NAVY BLUES 1941 R460023 NAZI AGENT -1942- 083 MINS - CONRAD VEIDT, ANNE AYARS R454350 NEPTUNE'S DAUGHTER 1949 R633102 NEVER SAY GOODBYE 1946 R562334 NEW MOON 1940 R412529 NIGHT WAITRESS...1936 R334518 NO OTHER WOMAN (1933) R267265 OF HUMAN HEARTS (1938) R356574 ONE WAY PASSAGE (1932) R242628 OUR BLUSHING BRIDES (1930) R207065 OUTWARD BOUND 1930 R208830 PAGAN, THE (1929) R181220 PAID--1930 R207788 PARNELL (1937) R338639 PEG O' MY HEART - 1933 R257279 PRIVATE DETECTIVE 62 - (1933) R260649 RACHEL AND THE STRANGER (1948) R627227 RACKET, THE (1951) RE42-687 RAGE IN HEAVEN (1941) R430335 RED LIGHT 1949 R648975 RED LILY (1924) R97770 ROSE MARIE 1936 R310001 SAFE IN HELL (1931) R228043 SANDPIPER, THE (1965) RE630513 SCAPEGOAT 1959 RE279863 SEARCH, THE (1948) R602593 SECOND CHANCE 1953 RE104-287 SHINING VICTORY 1941 R460014 SHOW BOAT 1936 R315829 SHOW PEOPLE (1928) R175595 SHOW, THE 1927 R140596 SMART SET, THE (1928) R164419

SOLDIER IN THE RAIN (1963) RE562423 SOME CAME RUNNING (1958) RE279860 SOUTHERN YANKEE, A 1948 R610725 STORY OF LOUIS PASTEUR (1936) R311600 STRANGER ON THE THIRD FLOOR, THE (1940) R422278 STRIP, THE 1951 RE10230 SWEEPINGS (1933) R267272 SWEETHEARTS 1938 R375821 SWING HIGH - 1932 R247286 SYMPHONY OF SIX MILLION (1932) R242087 TASK FORCE 1949 R642536 TELL IT TO THE MARINES (1925) R136526 THAT'S ENTERTAINMENT II 1976 RE901114 THAT'S ENTERTAINMENT III 1994 PA691805 THEIR OWN DESIRE 1930 R194773 THRILL OF A ROMANCE - 1945 R529402 TORPEDO RUN 1958 RE279856 TORRENT 1926 (IBANEZ' TORRENT) R125379 TWO MRS. CARROLLS, THE 1947 R578352 UNTAMED (1930) R197581 WEEK-END AT THE WALDORF - 1945 R532013 WEST POINT (1928) R160107 WEST POINT OF THE AIR (1935) R292174 WHAT EVER HAPPENED TO BABY JANE (1962) RE484440 WHITE SHADOWS IN THE SOUTH SEAS (1928) R176995 YANK AT ETON, A 1942 R467146 YOU CAN'T ESCAPE FOREVER 1942 R474651

20100916

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