UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 6, 2011
WARNER BROS. ENTERTAINMENT INC., PLAINTIFF,
DENNIS THOMAS, AN INDIVIDUAL AND D/B/A WWW.THOMASFILMCLASSICS.COM, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. George H. King Judge, United States District Court for the Central District of California
[PROPOSED] 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 Dennis Thomas, an individual and d/b/a www.thomasfilmclassics.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 owns or controls the copyright or pertinent exclusive right to distribute or license the distribution of home video and digital products, including video home cassettes (VHS) as well as optical discs, including, but not limited to, video compact discs (VCDs), digital versatile discs (DVDs) and Blu-ray discs (collectively "Media Products") incorporating the motion picture or television titles subject to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Works").
3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.
4) Defendant and his agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with him who receive actual notice of the Injunction are hereby restrained and permanently enjoined from infringing -- directly, contributorily or vicariously -- or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or persuading anyone to infringe in any manner Plaintiff's Works, including, but not limited to, the following:
a) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing, or using trademarks, trade names or logos in connection with unauthorized Media Products containing any of Plaintiff's Works;
b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, abetting, or inducing any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any of Plaintiff's Works; or
c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's Works while declining to exercise a right to stop or limit such unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's Works.
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 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.
J. Andrew Coombs, A Prof. Corp. By: J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Warner Bros. Entertainment Inc. Tingley Piontkowski LLP By: Curtis R. Tingley Bruce C. Piontkowski Jonathan A. McMahon Attorney for Defendant Dennis Thomas, an individual and d/b/a www.thomasfilmclassics.com
Titles Registration No. 2001 - A Space Odyssey RE731536 3 Godfathers R618927 Act of Violence R621339 Adventures of Penrod and Sam aka Penrod and Sam R221916 Arsene Lupin R230221 Arsene Lupin Returns R356572 Batman & Robin PA859518 Batman Returns PA569651 Big Steal R63796 Casablanca (Two-Disc Special Edition) R479239 Case of the Black Cat R333681 Case of the Curious Bride R294790 Case of the Howling Dog R286403 Case of the Lucky Legs R304094 Case of the Stuttering Bishop R345326 Case of the Velvet Claws R320087 Chinese Ring R598931 Crime Wave RE131469 Dangerous Money R574061 Dark Alibi R561680 Decoy R572505 Docks of New Orleans R610850 Entourage: The Complete First Season Pilot: PA1240293 1938: R364009; 1953: RE77-528 Feathered Serpent R635320 Forty Naughty Girls R354275 Get Smart PA1606281 Golden Eye R615165 Illegal R163870 Macao 1952 RKO RE73-591 Maisie R387245 Fast Company Maisie Gets Her Man R462538 Maisie Goes to Reno R509581 Maisie Was a Lady R428243. PA131214-PILOT McClain's Law EPISODE Murder on a Honeymoon R297486 Murder on the Blackboard R281533 Murder on the Bridle Path R316931 Mystery Street R661941 Orphan PA1636676 Penguin Pool Murder R250796. Red Dragon R555467 Shadows over Chinatown R569474 Shanghai Chest R615168 Side Street R650456 Sky Dragon, The R635328 Tension R646600 The Plot Thickens R334515 The Trap R579843. They Live by Night R632498 Where Danger Lives RE5322 Wizard of Oz, The R 390474
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