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Warner Bros. Entertainment Inc v. Paul Buchsbaum

April 13, 2012

WARNER BROS. ENTERTAINMENT INC., PLAINTIFF,
v.
PAUL BUCHSBAUM, AN INDIVIDUAL AND D/B/A SOUTHPAWTOONS.COM, DVDSFORCANCER.NET AND MISS MY SHOW; JENNIFER BUCHSBAUM A/K/A JENNIFER MCGUIRE, AN INDIVIDUAL AND D/B/A SOUTHPAWTOONS.COM, DVDSFORCANCER.NET AND MISS MY SHOW; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Jacqueline H. Nguyen Judge, United States District Court for the Central District of California

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 Plaintiff Warner Bros. Entertainment Inc. Paul Buchsbaum Jennifer Buchsbaum a/k/a Jennifer McGuire c/o Ira David lawofficesofiradavid@gmail.com Law Offices of Ira David P.O. Box 371654 Las Vegas, NV 89137 Telephone: (702) 990-0646 Defendants, in pro se

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 Defendants Paul Buchsbaum, an individual and d/b/a southpawtoons.com, dvdsforcancer.net and Miss My Show, and Jennifer Buchsbaum a/k/a Jennifer McGuire, an individual and d/b/a southpawtoons.com, dvdsforcancer.net and Miss My Show (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 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendants.

2) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute or license the distribution of home video and digital products, including video home cassettes (VHS) as well as optical discs, including, but not limited to, video compact discs (VCDs), digital versatile discs (DVDs) and Blu-ray discs (collectively "Media Products") incorporating the motion picture or television titles subject to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Works").

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

4) Defendants and their agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with him who receive actual notice of the Injunction are hereby restrained and permanently enjoined from infringing -- directly, contributorily or vicariously -- or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or persuading anyone to infringe in any manner Plaintiff's Works, including, but not limited to, the following:

a) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing, or using trademarks, trade names or logos in connection with unauthorized Media Products containing any of Plaintiff's Works;

b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, abetting, or inducing any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any of Plaintiff's Works; or

c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's Works while declining to exercise a right to stop or limit such unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's Works.

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 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:

EXHIBIT A

PLAINTIFF'S WORKS

Titles: Registration Nos.

Atom Ant: Amusement Park Amazement RE 618134 Atom Ant: Atom Ant Meets Karate Ant RE 617036 Atom Ant: Bully for Atom Ant RE 618135 Atom Ant: Crankenshaft's Monster RE 617033 Atom Ant: Dina-Sore RE 617047 Atom Ant: Dragon Master RE 617043 Atom Ant: Fastest Ant In the West RE 617040 Atom Ant: Ferocious Flea RE 617035 Atom Ant: Gem-A-Go-Go RE 617039 Atom Ant: Go West, Young Ant RE 618137 Atom Ant: How Now Bow Wow RE 617042 Atom Ant: Killer-Diller Gorilla RE 664422 Atom Ant: Knight Fight RE 664424 Atom Ant: Mistaken Identity RE 617041 Atom Ant: Mouser-Rouser RE 664421 Atom Ant: Nine Strikes You're Out RE 618138 Atom Ant: Nobody's Fool RE 617037 Atom Ant: Pteraducktyl Soup RE 664425 Atom Ant: Rambling Robot RE 617038 Atom Ant: Rock-A-Bye Boo-Boo RE 664423 Atom Ant: Super Blooper RE 617045 Atom Ant: Termighty Mean RE 618136 Atom Ant: The Big Gimmick RE 617044 Atom Ant: Up and Atom RE 617034 Atom Ant: Up In The Air Squares RE 664426 Atom Ant: Wild, Wild Ants RE 617046

COMPILATION

S. 1, Ep. 1: "Hi Diddle Riddle" RE 683406; S. 2, Ep. 1: "Shoot a Crooked Arrow" RE 683401;

S. 3, Ep. 1: "Enter Batgirl, Exit Penguin" RE 707067.

Batman

COMPILATION PA 459359 (and many others)

Beetlejuice The Animated Series

COMPILATION S1E1: "A Hero For Earth" PA

512231; S2E1 "Garbage Strikes" PA 573976; S3E1

"Greenhouse Planet" PA 807824; S4E1 "A Mine Is A Terrible Thing To Waste" PA

686183; S5E1 "Twilight Ozone" PA 701959 ; S6E1 "5-

Ring Panda-Monium" PA

Captain Planet & the Planeteers

797246

COMPILATION S1E1 "Cajun Granny ...


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