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Warner Bros. Entertainment Inc v. Todd Loya

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 28, 2012

WARNER BROS. ENTERTAINMENT INC., PLAINTIFF,
v.
TODD LOYA, AN INDIVIDUAL AND D/B/A WWW.FLESHWOUNDVIDEO.COM, AND DOES 1 -- 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Gary Allen Feess Judge, United States District Court for the Central District of California

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 Todd Loya, an individual and d/b/a fleshwoundvideo.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 ., 15 U.S.C. § 1051 et seq. , and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.

2) Plaintiff claims that it owns or controls the pertinent rights in and to the copyright registrations identified in Exhibit A, attached hereto (collectively "Plaintiff's Properties").

3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.

4) Defendant denies Plaintiff's allegations that he has made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof. This Consent Decree shall not serve as an admission of liability.

5) 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 Plaintiff's Properties, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, reproducing, distributing, advertising, selling and/or offering for sale any unauthorized product which features any of Plaintiff's Properties ("Unauthorized Products"), and, specifically from:

i) Importing, manufacturing, reproducing, distributing, advertising, selling and/or offering for sale the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;

ii) Importing, manufacturing, reproducing, distributing, advertising, 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;

iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the products sold by Defendant, or Defendant himself are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are affiliated with Plaintiff;

iv) 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.

6) Each side shall bear its own fees and costs of suit.

7) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.

8) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.

9) 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.

10) 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.

11) 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.

12) This Court shall retain jurisdiction over the 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.

PRESENTED BY:

J. Andrew Coombs, A Prof. Corp. By: J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Warner Bros. Entertainment Inc. Long & Delis By: ______________________________ Abraham H. Tang Attorney for Defendant Todd Loya, an individual and d/b/a www.fleshwoundvideo.com

Exhibit A

Plaintiff's Copyrights

Titles Registration Numbers

1. Pilot ep.: PA 711427;

2. Ep. 25: BAD LUCK BETTY: PA 711451

Adventures of Brisco County Jr ‐ Complete Series

Awakening, The PA106609 Borrower, The PA 583891 Deadly Friend PA 314220 Dial M for Murder ‐1955 RE 131472 Don't Be Afraid of the Dark PA 109‐555 Freddy's Nightmares (Season One):

Judy Miller, Come on Down PA 417423 Freddy's Nightmares (Season One): Saturday Night Special PA 417428 Freddy's Nightmares (Season One): Black Tickets PA 417207 Freddy's Nightmares (Season One): Cabin Fever PA 417208 Freddy's Nightmares (Season One): Deadline PA 417216 Freddy's Nightmares (Season One): Do Dreams Bleed? PA 417212 Freddy's Nightmares (Season One): Freddy's Tricks and Treats PA 427151 Freddy's Nightmares (Season One): Identity Crisis PA 426087 Freddy's Nightmares (Season One): Killer Instinct PA 417421 Freddy's Nightmares (Season One): Love Stinks PA 417426 Freddy's Nightmares (Season One): Missing Persons PA 417215 Freddy's Nightmares (Season One): Mother's Day PA 418011 Freddy's Nightmares (Season One): Rebel Without a Car PA 417427 Freddy's Nightmares (Season One): Safe Sex PA 417211 Freddy's Nightmares (Season One): School Daze PA 417201 Freddy's Nightmares (Season One): Sister's Keeper PA 418008 Freddy's Nightmares (Season One): The Art of Death PA 417213 Freddy's Nightmares (Season One): The Bride Wore Red PA 417217 Freddy's Nightmares (Season One): The End of the World PA 417424 Freddy's Nightmares (Season One): It's a Miserable Life PA 417429 Freddy's Nightmares (Season One): No More Mr. Nice Guy PA 417425 Freddy's Nightmares (Season Two): A Family Affair PA 749971 Freddy's Nightmares (Season Two): Bloodlines PA 749967 Freddy's Nightmares (Season Two): Do You Know Where Your Kids Are? PA 750049 Freddy's Nightmares (Season Two): Dream Come True PA 750047 Freddy's Nightmares (Season Two): Dreams That Kill PA 750042 Freddy's Nightmares (Season Two): Dust to Dust PA 750041 Freddy's Nightmares (Season Two): Easy Come, Easy Go PA 750046 Freddy's Nightmares (Season Two): Funhouse PA 749972 Freddy's Nightmares (Season Two): Heartbreak Hotel PA 749970 Freddy's Nightmares (Season Two): It's My Party and You'll Die if I PA 750045

Want You To

Freddy's Nightmares (Season Two): Life Sentence PA 750044 Freddy's Nightmares (Season Two): Lucky Stiff PA 749968 Freddy's Nightmares (Season Two): Memory Overload PA 749964 Freddy's Nightmares (Season Two): Monkey Dreams PA 750043 Freddy's Nightmares (Season Two): Photo Finish PA 749965 Freddy's Nightmares (Season Two): Prime Cut PA 749966 Freddy's Nightmares (Season Two): Prisoner of Love PA 750040 Freddy's Nightmares (Season Two): Silence is Golden PA 749969 Freddy's Nightmares (Season Two): Welcome to Springwood PA 749973 Freddy's Nightmares (Season Two): What You Don't Know Can Kill You PA 750048

1953: RE 82‐028 2005: PA 1271415 Howling 7: New Moon Rising PAu179911 Jason Goes to Hell: The Final Friday PA 682227 Journey To The Center Of The Earth 3D Pau 3473826 Lawnmower Man PA 568029

MR. AND MRS. SMITH 1941: R435621 MR. AND MRS. SMITH (Season One): Pilot PA 891685

MR. AND MRS. SMITH (Season One): Surburban Episode, The PA 891681

MR. AND MRS. SMITH (Season One): Second Episode, the PA 891686

MR. AND MRS. SMITH (Season One): Poor Pitiful Put‐Upon Singer

Episode, The PA 891689

MR. AND MRS. SMITH (Season One): Grape Escape Episode, The PA 891688

MR. AND MRS. SMITH (Season One): Publishing Episode, The PA 891690

MR. AND MRS. SMITH (Season One): Coma Episode, The PA 891687

MR. AND MRS. SMITH (Season One): Kidnapping Episode, The PA 891691

MR. AND MRS. SMITH (Season One): Space Flight Episode, The PA 891693

MR. AND MRS. SMITH (Season One): Big Easy Episode, The PA 891683

MR. AND MRS. SMITH (Season One): Impossible Mission Episode, The PA 891684

MR. AND MRS. SMITH (Season One): Bob Episode, The PA 891682

MR. AND MRS. SMITH (Season One): Sins of the Father Episode, The PA 891692 My Demon Lover PA 361832 Night Watch RE 849859 Nightmare of Elm Street PA 277512 NIGHTMARE ON ELM STREET 5: THE DREAM CHILD PA 432153 Razorback PA 246883 Return of the Living Dead 2 PA 368497 Screwballs PA 210444

House of WaX

1. Ep 1: Vortex.: PA 1193076 supplemented by PA 1266651.

2. Ep.15: Prodigal: PA 1193089 supplemented by PA 1266664. Someone's Watching Me PA 36465 Tiny Toons Adventures: How I Spent My Vacation PA 607231

Smallville Season 2

PAu1753975 supplement to

Tobe Hooper's NIGHT TERRORS

PAu1750319

TWILIGHT ZONE: THE MOVIE PA 185632

20120328

© 1992-2012 VersusLaw Inc.



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