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Warner Bros. Home Entertainment Inc v. Mark Crosby

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 30, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
MARK CROSBY, AN INDIVIDUAL AND D/B/A AS AMAZON.COM SELLER PUGCRAZY DVDS AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Dolly M. Gee United States District Judge

CONSENT DECREE AND PERMANENT INJUNCTION [7]

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. Home Entertainment Inc. ("Plaintiff") and Defendant Mark Crosby, an individual and d/b/a as Amazon.com Seller Pugcrazy DVDs ("Defendant"), in this action, and good cause appearing therefor,

IT IS HEREBY ORDERED 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 and by voluntarily entering into the Joint Stipulation re Entry of Consent Decree and Permanent Injunction, Defendant has waived any objection to the Court's exercise of personal jurisdiction over him.

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, 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 Defendant has made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.

4) Defendant and his 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 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 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 Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.

11) This Court shall retain jurisdiction over 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.

EXHIBIT A COPYRIGHT REGISTRATIONS REGISTRATIO COPYRIGHT CLAIMANTS N NUMBER TITLE

Warner Bros.

Entertainment Inc.; Eden

Productions, Inc.

RE 73-598 Angel Face RKO General, Inc. PA 1-733-273 BIG LOVE: Winter Home Box Office, Inc. PA 1-729-909 BIG LOVE: A Seat At The Table Home Box Office, Inc.

RE 683-844 A Big Hand for the Little Lady

BIG LOVE: Certain Poor

PA 1-729-896

Shepherds Home Box Office, Inc.

PA 1-732-179 BIG LOVE: The Oath Home Box Office, Inc.

BIG LOVE: The Special

Relationship Home Box Office, Inc.

PA 1-736-212 BIG LOVE: D.I.V.O.R.C.E Home Box Office, Inc. PA 1-741-709 BIG LOVE: Til Death Do Us Part Home Box Office, Inc. PA 1-743-659 BIG LOVE: The Noose Tightens Home Box Office, Inc. PA 1-737-340 BIG LOVE: Exorcism Home Box Office, Inc.

PA 1-741-708

BIG LOVE: Where Men And

Mountains Meet Home Box Office, Inc.

R 640245 Border Incident Turner Entertainment Co. RE 575635 Born to Kill RKO Pictures, Inc.

R 320976 Bullets or Ballots Turner Entertainment Co.

PA 1-396-851

CHUCK: Chuck Versus The

Anniversary Warner Bros.

PA 1-800-456

Entertainment Inc.

CHUCK: Chuck Versus The

Cliffhanger Warner Bros.

PA 1-800-450

Entertainment Inc.

R 435886 City for Conquest Turner Entertainment Co. RE 73-603 Clash by Night RKO Pictures, Inc.

R 586037 Crossfire RKO Pictures, Inc.

Warner Bros.

Entertainment Inc.

R 535-984 Dillinger Monogram Pictures Corp.

RE 131-472 Dial M for Murder [VHS]

GAME OF THRONES: Winter Is

Coming Home Box Office, Inc.

PA 1-736-232

GAME OF THRONES: The

Kingsroad Home Box Office, Inc.

PA 1-736-234

GAME OF THRONES: Lord

PA 1-737-694

Snow Home Box Office, Inc.

GAME OF THRONES: Cripples,

Bastards And Broken Things Home Box Office, Inc.

PA 1-737-699

GAME OF THRONES: The Wolf

And The Lion Home Box Office, Inc.

PA 1-737-696

GAME OF THRONES: A Golden

Crown Home Box Office, Inc.

PA 1-737-695

GAME OF THRONES: You Win

Or You Die Home Box Office, Inc.

PA 1-750-434

GAME OF THRONES: The

Pointy End Home Box Office, Inc.

PA 1-739-318 GAME OF THRONES: Baelor Home Box Office, Inc.

PA 1-738-431

GAME OF THRONES: Fire And

Blood Home Box Office, Inc.

RE 42-685 His Kind of Woman RKO Pictures, Inc.

PA 1-740-116

Turner Entertainment Co.; Sol C. Siegel Productions,

RE 343-400 Home from the Hill

Inc.

R 562 447 Lady in the Lake Turner Entertainment Co. R 474 634 Larceny, Inc. Turner Entertainment Co. R 326 309 Love on the Run Turner Entertainment Co. RE 73-591 Macao RKO Pictures, Inc. 1951: RE 42-694;

1951: RKO Pictures, Inc.

1986: PA 307

1986: Brouwersgracht

Investments, B.V.

PA 117-739 Rich and Famous Turner Entertainment Co. R 446 786 Shadow of the Thin Man Turner Entertainment Co. PA 123-074 Shoot the Moon Turner Entertainment Co. R 380 524 The Amazing Dr. Clitterhouse Turner Entertainment Co.

830. On Dangerous Ground

The Bishop's Wife (Classic

Samuel Goldwyn

R 605 070

Collection)

Productions

Warner Bros.

Entertainment Inc. RE 73-604 The Narrow Margin RKO Pictures, Inc. RE 42-687 The Racket RKO Pictures, Inc.

RE 765 229 The Good Guys and the Bad Guys

Warner Bros.

Entertainment Inc.

RE 381 048 The Sundowners

Warner Bros.

Entertainment Inc. PA 1-743-069 TREME: Accentuate The Positive Home Box Office, Inc.

RE 827-469 The Yakuza

TREME: Everything I Do Gonh

Be Funky Home Box Office, Inc.

PA 1-750-437 TREME: OnYour Way Down Home Box Office, Inc.

PA 1-739-172

TREME: Santa Claus, Do You

Ever Get The Blues? Home Box Office, Inc.

PA 1-746-579 TREME: Slip Away Home Box Office, Inc. PA 1-746-582 TREME: Feels Like Rain Home Box Office, Inc. PA 1-746-583 TREME: Carnival Time Home Box Office, Inc. PA 1-756-008 TREME: Can I Change My Mind Home Box Office, Inc. PA 1-748-878 TREME: What Is New Orleans? Home Box Office, Inc.

PA 1-746-591

TREME: That's What Lovers

PA 1-748-782

Do? Home Box Office, Inc.

PA 1-748-781 TREME: Do Whatcha Wanna Home Box Office, Inc.

Boardwalk Productions;

Warner Bros.

Entertainment Inc.

R 311 470 Wife vs Secretary Turner Entertainment Co.

RE 702 676 Up the Down Staircase

20130130

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