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Warner Bros. Home Entertainment Inc v. David Taylor

February 4, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
DAVID TAYLOR, AN INDIVIDUAL AND D/B/A AS AMAZON.COM SELLER TAYLORDVDS, AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Fernando M. Olguin United States District Judge

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. Home Entertainment Inc. ("Plaintiff") and Defendant David Taylor, an individual and d/b/a as Amazon.com Seller taylordvds ("Defendant"), in this action, and good cause appearing therefore, hereby:

Warner Bros. v. Taylor: [Proposed] Consent Decree

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) 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.

PRESENTED BY:

J. Andrew Coombs, A Prof. Corp.

By: ____________________________

J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Warner Bros. Home Entertainment Inc.

David Taylor, an individual and d/b/a as Amazon.com Seller taylordvds

By: _______________________________

David Taylor, an individual and d/b/a as Amazon.com Seller taylordvds Defendant, in pro se

- 4 -

Warner Bros. v. Taylor: [Proposed] Consent Decree

EXHIBIT A

COPYRIGHT REGISTRATIONS

Registration

COPYRIGHT

Number TITLE

CLAIMANT

Big Love: The Complete Fifth Season

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.

PA 1-729-896 BIG LOVE: Certain Poor Shepherds Home Box Office,

Inc.

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

Inc.

PA 1-741-708 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 1-396-851 BIG LOVE: Where Men And

Home Box Office,

Mountains Meet

Inc.

PA 1-396-851 BIG LOVE: Where Men And

Home Box Office,

Mountains Meet

Inc.

Big Love: The Complete First Season

PA 1-320-979 BIG LOVE: The Pilot Home Box Office,

Inc.

PA 1-319-374 BIG LOVE: Viagra Blue Home Box Office,

Inc.

PA 1-319-373 BIG LOVE: Home Invasion Home Box Office,

Inc.

PA 1-320-982 BIG LOVE: Eclipse Home Box Office,

Inc.

PA 1-320-983 BIG LOVE: Affair Home Box Office,

Inc.

PA 1-320-984 BIG LOVE: Roberta's Funeral Home Box Office,

Inc.

PA 1-320-985 BIG LOVE: Eviction Home Box Office,

Inc.

PA 1-325-915 BIG LOVE: Easter Home Box Office,

Inc.

PA 1-320-981 BIG LOVE: A Barbecue For Betty Home Box Office,

Inc.

PA 1-320-978 BIG LOVE: The Baptism Home Box Office,

Inc.

PA 1-320-139 BIG LOVE: Where There's A Will Home Box Office,

Inc.

PA 1-340-778 BIG LOVE: The Ceremony Home Box Office,

Inc.

Big Love: The Complete Fourth Season

PA 1-676-099 BIG LOVE: Free At Last Home Box Office,

Inc.

PA 1-676-086 BIG LOVE: The Greater Good Home Box Office,

Inc.

PA 1-676-097 BIG LOVE: Strange Bedfellows Home Box Office,

Inc.

PA 1-676-087 BIG LOVE: The Mighty And Strong Home Box Office,

Inc.

PA 1-680-449 BIG LOVE: Sins Of The Father Home Box Office,

Inc.

PA 1-680-393 BIG LOVE: Under One Roof Home Box Office,

Inc.

PA 1-680-392 BIG LOVE: Blood Atonement Home Box Office,

Inc.

PA 1-680-394 BIG LOVE: Next Ticket Out Home Box Office,

Inc.

PA 1-679-719 BIG LOVE: End Of Days Home Box Office,

Inc.

Big Love: The Complete Third Season

PA 1-663-632 BIG LOVE: Block Party Home Box Office,

Inc.

PA 1-636-013 BIG LOVE: Empire Home Box Office,

Inc.

PA 1-636-015 BIG LOVE: Prom Queen Home Box Office,

Inc.

PA 1-636-014 BIG LOVE: On Trial Home Box Office,

Inc.

PA 1-636-012 BIG LOVE: For Better Or For Worse ...


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