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Warner Bros. Entertainment Inc v. Bradford Lang A/K/A Brad Lang

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 9, 2011

WARNER BROS. ENTERTAINMENT INC., PLAINTIFF,
v.
BRADFORD LANG A/K/A BRAD LANG, AN INDIVIDUAL AND D/B/A WWW.FREEMOVIESONDVD.COM AND CLASSIC MOVIES, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Dale S. Fischer Judge, United States District Court for the Central District of California

J. Andrew Coombs (SBN 123881) andy@coombspc.com Nicole L. Drey (SBN 250235) nicole@coombspc.com J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 JS 6 Facsimile: (818) 500-3201 Attorneys for Plaintiff Warner Bros. Entertainment Inc. Bradford Lang a/k/a Brad Lang, an individual and d/b/a www.freemoviesondvd.com and Classic Movies writer890@comcast.net 10005 Elgin Avenue Huntington Woods, Michigan 48070 Telephone: (248) 544-2991 Defendant, in pro se

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 Bradford Lang a/k/a Brad Lang, an individual and d/b/a www.freemoviesondvd.com and Classic Movies ("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 a large library of films, including, but not limited to, the copyrighted works 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 effective as to Defendant at the time of its execution by the Court. Plaintiff shall serve a copy of this Injunction on Defendant upon its entry.

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 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

Titles Registration Nos.

30 Seconds Over Tokyo R516250

36 Hours RE 593 022 Abe Lincoln in Illinois R412548 Adventures of Mark Twain, The R521033 All the Brothers Were Valiant RE77511 Allegheny Uprising R406428 Always in My Heart R 474 624 Arnelo Affair, The R 570 212 Around the World Under the Sea RE630133 As the Earth Turns R275579 Atlas RE458120 Babes in Arms R393440 Bachelor in Paradise RE442639 Beau Brummell RE116755 Between Two Worlds R521034 Bhowani Junction RE151753 Born to be Bad RE 5-324 Born To Dance R327308 Born to Kill R575635 Brother Orchid R434242 Captain Sinbad RE543416 Carson City RE12214 Cass Timberlane R591703

RE658652;

RE683416

Colossus of Rhodes RE441179 Crest of the Wave RE116757 Cry Wolf R585005 Damsel in Distress R358016 Dispatch From Reuters R436897 Dragon Murder Case R286401 Edge of the City RE 189-393 Emma R229941 Enchanted April R297485 Executive Suite RE84870 Fair Co-ed R157065 Family Affair R333746

Chamber of Horrors

Fighter Squadron R619709 Flap with Anthony Quinn RE785083 Fountainhead, The R 638 350 Fox, The RE703915 Fugitive, The R605230 Gazebo, The RE345440 George Washington Slept Here R477857 Giant Behemoth RE291868 Goodbye Again R260973 Green Dolphin Street R 590 967 Green Years, The R549471 Guns for San Sebastian RE731-522

RE85553;

Gypsy Colt

RE83086

H.M. Pulham Esq. R448905 He Was Her Man R344110 Hill, The RE630119 Holiday Affair R648102 Hollywood Hotel R359663 Horn Blows At Midnight, The R538964 Hucksters, The R581038 I Love You Again R415500 Illicit R213083 In This Our Life R474635 It Happened on 5th Avenue R588503 Journey for Margaret R471613 Judge Steps Out, The R637958 Julia Misbehaves R611477 June Bride R619708 Kathleen R448513 Keeper of the Flame R474801 Kid from Texas, The R384420 King & The Chorus Girl, The R333676 Kiss in the Dark, A R623653 Little Nellie Kelly R422051 Maisie Was a Lady R428243 Majority of One, A RE434238 Mask of Dimitrios, The R524609 Merrill's Marauders RE484433 Merry Widow, The R115459 Mr Lucky R486267 Mr. and Mrs. North R450434 Mr. Skeffington R524610 Murder on a Honeymoon R297486 My Wild Irish Rose R595447 Naked And The Dead, The RE278383 Night Must Fall RE586271 Northwest Passage R405520 Of Human Hearts R356574 Office Wife, The R208348 On Borrowed Time R389308 Operation Secret RE50813 Our Vines Have Tender Grapes R535479 Outsider, The Classic movie R140901 Painted Veil, The R286755 Parnell R338639 Parrish RE 381 051 Penguin Pool Murder R250796 Penrod & Sam R221916 Penthouse R262527 Quo Vadis RE10262 Red Light, The R648975 Rising of the Moon, The RE210272 Rocky Mountain R675325 Roogies Bump RE143015 Room For One More RE12215 Roughly Speaking R538960 Saturday's Children R434237 Sea Wolf R452010 Search, The with Montgomery Clift R602593 Shirley Temple Films Fort Apache 1948: R604562;

Honeymoon 1947: R584162

Story of Seabiscuit 1950: R662842;

That Hagen Girl 1947:R592812.

Show Boat R315829 Sinbad The Sailor R570314 Sinners Holiday R208826 Star of Midnight R297490 Steel Jungle RE210262 Story of Louis Pasteur R311600 Strawberry Blonde The R452007 Sudden Danger DVD to Australia RE173792 Susan Slade RE 434 240 Sweet November RE730346 Tall Story RE381043 Tall Target, The RE10226 Tarnished Angel R373956 Tarzan and His Mate R274614 Tarzan and the Amazons R530952 Tarzan and the Great River RE 714-622 Tarzan and the Huntress R595504 Tarzan and the Jungle Boy RE722-136 Tarzan and the Leopard Woman R555112 Tarzan and the Lost Safari RE238-262 Tarzan and the Mermaids R603243 Tarzan and the She Devil RE82-031 Tarzan and the Slave Girl R658063 Tarzan and the Valley of Gold RE644-089 Tarzan Escapes R325061 Tarzan Finds a Son R387153 Tarzan Goes to India RE484 432 Tarzan the Magnificent RE378 137 Tarzan Triumphs R498517 Tarzan's Desert Mystery R516498 Tarzan's Fight for Life RE288 104 Tarzan's Greatest Adventure RE342-426 Tarzan's Hidden Jungle R163-880 Tarzan's Magic Fountain R623858 Tarzan's New York Adventure R457710 Tarzan's Peril R12-193 Tarzan's Savage Fury RE58-114 Tarzan's Secret Treasure R448904 Tarzan's Three Challenges RE535 014 Telegraph Trail, The R256873 Tenth Avenue Angel R594212 That Forsyte Woman R645225 That Hagen Girl R592812 This Could Be the Night RE234927 Three Strangers R548093 Too Many Girls R422283 Torpedo Run RE279856 Two Mrs. Carrolls, The R578352 Two Weeks with Love R674712 Unfinished Dance, The R583044 Valley of Decision R528389 Watch on the Rhine R498972 WESTBOUND RE288113 While the City Sleeps RE222927 White Cliffs of Dover R505583 Wild Oranges R87490 World Moves On, The aka Roaring Twenties R419622 Yes, My Darling Daughter R402219 Yes, Virginia, There is a Santa Claus RE871780 Young Cassidy RE633799 Young Tom Edison R407776 You're in the Army Now R460039

20110309

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