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Christopher E. Talavera, An Individual, Formerly Doing Business As v. E-Harbor Inc.

August 17, 2011

CHRISTOPHER E. TALAVERA, AN INDIVIDUAL, FORMERLY DOING BUSINESS AS TURNKEY WEB TOOLS; AND TURNKEY WEB TOOLS, INC., A CALIFORNIA CORPORATION. PLAINTIFFS,
v.
E-HARBOR INC., A UTAH CORPORATION; MARKETECTURE, INC., A DELAWARE CORPORATION, E-PRO STORES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND DOES 1 THROUGH 10, INCLUSIVE. DEFENDANTS



The opinion of the court was delivered by: Hon. George H. King

cc: Fiscal Section

JS-6

CONSENT DECREE AND PERMANENT INJUNCTION; AND ORDER

Dept.: Courtroom 650

Plaintiffs CHRISTOPHER E. TALAVERA, and TURNKEY WEB TOOLS, INC., a California corporation (hereinafter "Plaintiffs") and Defendants E-HARBOR INC., a Utah corporation; MARKETECTURE, INC., a Delaware corporation, and E-PRO STORES, LLC, a Delaware Limited Liability Company, respectively, having consented to entry of this Consent Decree and Permanent Injunction, the following Findings of Fact are made and it is hereby ORDERED, ADJUDGED AND DECREED as follows:

STIPULATED FACTS

Plaintiff and Defendants, as well as their agents, servants, employees, attorneys, successors and assigns, and all those persons in active concert or participation with them hereby stipulate to the following facts as true and correct:

A. This case arises under the Copyright Act, 17 U.S.C. §§ 101, et. seq.; and the Lanham Act, 15 U.S.C. §1051, et seq., and related state laws, and this Court has jurisdiction over the subject matter and over each of the parties to this action by virtue of 15 U.S.C. §1121 and 28 U.S.C. §§1331 and 1338(a).

Plaintiff, CHRISTOPHER E. TALAVERA, is an individual residing in California and Plaintiff TURNKEY WEB TOOLS, INC, is a California corporation doing business in this judicial district.

Defendant E-HARBOR INC., is a Utah corporation.

Defendant MARKETECTURE, INC., is a Delaware corporation. Defendant E-PRO STORES, LLC, is a Delaware Limited Liability Company.

Each of the respective Defendants maintain their respective principal place(s) of business in the State of Utah, (collectively, "Defendants").

The claims arising under state statutory and common law unfair competition are joined with substantial and related claims pursuant to 28 U.S.C. §§1338(b) and 1367(a). Venue is proper in this district by virtue of 28 U.S.C. §1391(b), (c) and 1400(a), in that the Defendants are respectively corporations and a limited liability company subject to personal jurisdiction in this district and, thus, reside here.

B. Plaintiff, CHRISTOPHER E. TALAVERA, ("Mr. Talavera") wrote a computer source code and online shopping cart software program entitled: "SunShop," (alternatively entitled: SunShop Shopping Cart") (hereinafter "SunShop"). As fixed in its various tangible media, Mr. Talavera's SunShop source code, computer program and resulting screen displays and features constitute copyrightable subject matter under the laws of the United States. The Copyright Act (17 U.S.C. § 201(a)) gives initial ownership to the author who creates any such work.

Between January 1, 2001 and February 20, 2004, and continuing through the present date, Mr. Talavera engaged in business under the fictitious name "Turnkey Web Tools and secured the exclusive rights and privileged in and to the copyright of his original SunShop computer program and source code. As prima facie evidence of Mr. Talavera's ownership of the work, the parties incorporate herein, Exhibit 1, a true copy of copyright registration certificate no. TX 5-896-387 ...


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