UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
November 28, 2011
BILL GRAHAM ARCHIVES LLC, D/B/A WOLFGANG'S VAULT PLAINTIFF,
MARWAN ZEIDAN D/B/A THE POSTER SHOP CAFE; HAIGHT ASHBURY POSTERS, INC., A CALIFORNIA CORPORATION; AFTERTHOUGHT ENTERPRISES; AND DOES 1-25.
The opinion of the court was delivered by: The Honorable Saundra Brown Armstrong United States District Court Judge
Michael S. Elkin (pro hac vice application pending) Thomas Patrick Lane (pro hac vice application pending) 2 WINSTON & STRAWN LLP 200 Park Avenue 3 New York, New York 10166 firstname.lastname@example.org 4 email@example.com Telephone: (212) 294-6700 5 Facsimile: (212) 294-4700 6 Jennifer A. Golinveaux (SBN: 203056) 7 J. Caleb Donaldson (SBN: 257271) WINSTON & STRAWN LLP 8 101 California Street firstname.lastname@example.org 9 email@example.com San Francisco, CA 94111-5802 10 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 11 Attorneys for Plaintiff Winston & Strawn LLP California Street San Francisco, CA 94111-5802 BILL GRAHAM ARCHIVES LLC D/B/A WOLFGANG'S VAULT 13 14
JOINT STIPULATION AND ORDER
WHEREAS, Counsel for Bill Graham Archives LLC ("BGA"), on the one hand, and Marwan Zeidan ("Zeidan") and Haight Ashbury Posters, Inc. ("HAP") (both collectively the "U.S. 28 Defendants"), on the other hand, have conferred regarding preliminary relief in this matter; concert posters"), including but not limited to those identified in Exhibit B to the Declaration of 3 Katherine York in support of Plaintiff's Motion for TRO, Docket No. 7, filed in support of BGA's ex 4 parte Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary 5
WHEREAS, the U.S. Defendants represent that they purchased certain posters for display 7 and sale without knowledge of the unauthorized reproduction that BGA claims violates its 8 copyrights; 9 10 resolution of this litigation: 11
Defendants shall cease buying, selling, displaying or otherwise distributing any unauthorized 13 reproductions of the posters that BGA identifies for the U.S. Defendants; 14 15 such document in the future--the U.S. Defendants shall provide BGA's counsel with a copy of any 16 catalogue that lists, displays, or offers for sale unauthorized reproductions of BGA concert posters (including without limitation those identified by BGA) on any products, including without limitation 18 posters or stickers, to the extent the U.S. Defendants have not done so already; 19
WHEREAS, BGA has filed this lawsuit to enforce its copyrights in concert posters ("BGA Injunction Should Not Issue, Docket No. 4 ("Motion for TRO");
NOW THEREFORE, BGA and the U.S. Defendants hereby stipulate as follows pending Immediately upon execution of this stipulation, and until this litigation is resolved, the U.S. Winston & Strawn LLP California Street San Francisco, CA 94111-5802
Within five business days of execution of this stipulation--or, promptly upon discovering any Within five business days of execution of this stipulation, the U.S. Defendants shall permit a BGA representative to view its entire inventory (including without limitation posters, stickers, and 21 t-shirts) at U.S. Defendants business operations, including: Haight Ashbury Posters at 1448 Haight Street, San Francisco, CA, and The Poster Shop Cafe at 1821 Haight Street, San Francisco, CA, and 23 any other location where the U.S. Defendants store inventory. This inspection shall begin at 8:00 a.m. on a mutually convenient date within the specified time frame, and shall last no longer 25 than one hour. In the unlikely event that more than one hour is required to complete this procedure, 26 the inspection shall resume immediately following the respective business's hours of operations. 27
During this inspection, the BGA representative may make an inventory of unauthorized 28 reproductions of BGA concert posters in the possession of the U.S. Defendants, if any;
If, following this inventory, BGA identifies any additional unauthorized reproductions of the BGA concert posters, the U.S. Defendants shall promptly, and no later than within two business 3 days, upon notice thereof cease buying and displaying, and shall refrain from selling or otherwise 4 distributing, such unauthorized reproductions. 5
The U.S. Defendants shall preserve all evidence of display, transfer, purchase or sale of any
6 unauthorized reproductions of BGA concert posters, including without limitation all invoices, 7 packing slips, sales receipts, correspondence or other communications with Afterthought or any 8 other supplier of reproductions of the BGA concert posters; the unauthorized reproductions 9 themselves; and any other documents relevant to this lawsuit pending its outcome. 10
This stipulation resolves the relief requested by Plaintiff in its pending ex parte motion for 11 temporary restraining order (Dkt. 4) as to the U.S. Defendants. In the past several days Plaintiff has been able to locate and complete service on Defendant Afterthought Enterprises. Plaintiff will file 13 proofs reflecting this service and a new proposed order on its pending ex parte motion for temporary 14 restraining order addressing relief as to Defendant Afterthought Enterprises. 15
This stipulation notwithstanding, BGA specifically reserves all rights
and remedies available
to it pending a final resolution of this litigation. 17
I, Jennifer A. Golinveaux, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto.
By: /s/Jennifer A. GolinveauX
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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