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Dfsb Kollective Co. Ltd., Jungle Entertainment v. Phillip Kuoch

October 6, 2011

DFSB KOLLECTIVE CO. LTD., JUNGLE ENTERTAINMENT, WOOLIM ENTERTAINMENT, AFTERMOON MUSIC AND PARAGON MUSIC CORP.,
ENTERTAINMENT, INC., BOOHWAL ENTERTAINMENT, PLAINTIFFS,
v.
PHILLIP KUOCH, AN INDIVIDUAL AND D/B/A KABOOMZA.COM AND KABOOMZA.BLOGSPOT.COM, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



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 Facsimile: (818) 500-3201 Attorneys for Plaintiffs DFSB Kollective Co. Ltd., in conjunction with Jungle Entertainment, Woolim Entertainment, Aftermoon Music Entertainment, Inc., BooHwal Entertainment, and Paragon Music Corp. Phillip Kuoch, an individual and d/b/a kaboomza.com and kaboomza.blogspot.com phillipkuoch@hotmail.com 75 Henderson Road Keysborough 3173 Melbourne Australia Defendant, in pro se

[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 Plaintiffs DFSB Kollective Co. Ltd., in conjunction with Jungle Entertainment, Woolim Entertainment, Aftermoon Music Entertainment, Inc., BooHwal Entertainment, and Paragon Music Corp. (collectively the "DFSB Plaintiffs") and Defendant Phillip Kuoch, an individual and d/b/a kaboomza.com and kaboomza.blogspot.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) The DFSB Plaintiffs are the respective owners of all rights in and to certain copyright registrations, including, but not limited to, the copyrights which are the subject of the registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as the "DFSB Plaintiffs' Works").

3) The DFSB Plaintiffs have alleged that Defendant has made unauthorized uses of the DFSB Plaintiffs' Works and/or materially contributed to the infringement of the DFSB Plaintiffs' Works by others and/or induced the infringement of the DFSB Plaintiffs' Works by others.

4) The 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 the DFSB Plaintiffs' Works, either directly or secondarily, in any manner, including generally;

b) Copying, reproducing, distributing, advertising, publicly performing, and/or publicly displaying the DFSB Plaintiffs' Works, without authorization from the DFSB Plaintiffs, specifically including, but not limited to:

i) Posting images of any album cover art from any of the DFSB Plaintiffs' Works on any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms;

ii) Uploading any of the DFSB Plaintiffs' Works to any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms;

iii) Streaming any of the DFSB Plaintiffs' Works on any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms; and

iv) Offering for download any of the DFSB Plaintiffs' Works on any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms; c) Contributing to, assisting, aiding, abetting, or facilitating the copying, reproduction, distribution, advertisement, public performance, and/or public display of the DFSB Plaintiffs' Works, specifically including, but not limited to:

i) Compiling, organizing, and/or posting links to any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms which offer unauthorized copies of the DFSB Plaintiffs' Works for download;

ii) Compiling, organizing, and/or posting links to any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms which offer unauthorized copies of the DFSB Plaintiffs' Works for streaming; and

iii) Providing instructions and/or answering questions on how to find, download, and/or stream unauthorized copies of the DFSB Plaintiffs' Works;

d) Inducing the copying, reproduction, distribution, advertisement, public performance, and/or public display of the DFSB Plaintiffs' Works, specifically including, but not limited to:

i) Compiling, organizing, and/or posting links to any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms which offer unauthorized copies of the DFSB Plaintiffs' Works for download;

ii) Compiling, organizing, and/or posting links to any website(s), forum(s), blog(s), social networking platform(s), video site(s), online storage locker(s), or any other online platforms which offer unauthorized copies of the DFSB Plaintiffs' Works for streaming;

iii) Providing instructions and/or answering questions on how to find, download, and/or stream unauthorized copies of the DFSB Plaintiffs' Works; and

iv) Encouraging, enticing, persuading, and/or intending any third-parties to engage in any form of infringement of the DFSB Plaintiffs' Works, including those other acts proscribed herein.

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 ...


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