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Disney Enterprises, Inc. and Warner Bros. Entertainment Inc v. Dieter Knittel

November 30, 2010

DISNEY ENTERPRISES, INC. AND WARNER BROS. ENTERTAINMENT INC., PLAINTIFFS,
v.
DIETER KNITTEL, AN INDIVIDUAL AND D/B/A KNITTEL VIDEO ENTERTAINMENT, VIDEO MEDIA ONLINE, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Manuel L. Real Judge, United States District Court for the Central District of California

JS-6

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 Plaintiffs Disney Enterprises, Inc. ("Disney") and Warner Bros. Entertainment Inc. ("Warner Bros.") (collectively "Plaintiffs") and Defendants Dieter Knittel, an individual and d/b/a Knittel Video Entertainment, and Video Media Online (collectively "Defendants"), in this action, and good cause appearing therefore, hereby:

ORDERS that based on the parties' stipulation and only as to Defendants, their 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 15 U.S.c. § 1051 et seq., 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendants.

2) Plaintiffs claim that they own or control the pertinent rights in and to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively "Plaintiffs' Copyrighted Works").

3) Disney claims that it owns or controls the pertinent rights in and to the trademark SONG OF THE SOUTH (the "Disney Trademark"). (Plaintiffs' Copyrighted Works and the Disney Trademark are collectively referred to herein as "Plaintiffs' Properties.")

4) Plaintiffs have alleged that Defendants have made unauthorized uses of Plaintiffs' Properties or substantially similar likenesses or colorable imitations thereof.

5) Defendants and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of the Injunction are hereby restrained and enjoined from:

a) Infringing Plaintiffs' Properties, either directly or contributorily, in any manner, including, but not limited to, manufacturing, importing, reproducing, distributing, advertising, selling and/or offering for sale any unauthorized product which features any of Plaintiffs' 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 Plaintiffs' 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 Plaintiffs' Properties;

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

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 ...


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