The opinion of the court was delivered by: Hon. Ronald S.W. Lew Senior, U.S. District Court Judge
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 Disney Enterprises, Inc. ("Disney") and Defendants Tickets Unlimited, Inc. and John Hrachovec aka John Harachovac aka John Hrachover (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 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendants.
2) Plaintiff owns or controls the pertinent rights in and to its copyright and trademark registrations listed in Exhibits A-B attached hereto and incorporated herein by this reference. The copyrights and trademarks identified in Exhibits A-B are collectively referred to herein as "Plaintiff's Properties".
3) Defendants have made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof through their registration of disneybrokers.com, their sale of unauthorized theme park tickets and their promotion of the same, among other things. The sale or transfer to multiple users of multi-day theme park admission tickets constitutes a violation of the terms of sale governing such tickets.
4) Defendants and their 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, displaying, selling and/or offering for sale any unauthorized or commercial product or logo which features any of Plaintiff's Properties ("Unauthorized Products"), and, specifically from:
i) Buying, selling, or dealing in any way with any Disney theme park tickets, other than for personal use and as expressly permitted by the terms pursuant to which such tickets were sold;
ii) Importing, manufacturing, reproducing, distributing, advertising, displaying, selling and/or offering for sale the Unauthorized Products or any other unauthorized products or logos which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;
iii) Importing, manufacturing, reproducing, distributing, advertising, displaying, 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;
iv) 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 Plaintiff, is sponsored, approved or licensed by Plaintiff, or is affiliated with Plaintiff;
v) 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 Defendants 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 Defendants.
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 Defendants, be reopened should Defendants default under the terms of the Settlement Agreement.
11) This Court shall retain jurisdiction over the Defendants 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.
PRESENTED BY: J. Andrew Coombs, A Prof. Corp. By: J. Andrew Coombs Annie S. Wang Attorneys for Plaintiff Disney Enterprises, Inc. Law Offices of Thomas M. McIntosh By: Thomas M. McIntosh Attorney for Defendants Tickets Unlimited, Inc. and John Hrachovec aka John Harachovac aka John Hrachover
DISNEY'S COPYRIGHTED DESIGNS
Copyright Registration Title of Work
VA 58 937 Mickey - 1 (Mickey Mouse) Model Sheet VA 58 938 Minnie - 1 (Minnie Mouse) Model Sheet Gp 80 184 Donald Duck Publications
Model Sheet VA 58 933 Daisy - 1 (Daisy Duck) Model Sheet VA 58 936 Goofy -1 (Goofy) Model Sheet Gp 80 192 Pluto Publications
Model Sheet VAu 64 814 Baby Mickey Model Sheet VAu 64 814 Baby Minnie Model Sheet VAu 73 216 Baby Donald Duck Model Sheet VAu 73 217 Baby Daisy Duck Model Sheet VAu 83 225 Baby ...