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Warner Bros. Home Entertainment Inc v. Nick Grace

February 7, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
NICK GRACE, AN INDIVIDUAL AND D/B/A AS AMAZON.COM SELLER SUPER TROOPER; EVGENI GOLDIN A/K/A ZACK GOLDIN, AN INDIVIDUAL AND D/B/A AS AMAZON.COM SELLER SUPER TROOPER AND DOES 2-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Audrey B. Collins United States District Judge

[PROPOSED] 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 Evgeni Goldin a/k/a Zack Goldin, an individual and d/b/a Nick Grace and Amazon.com Seller Super Trooper ("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., 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.

d) Nothing herein shall alter any of Defendant's existing rights or defenses.

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.

Hon. Audrey B. Collins United States District Judge y

PRESENTED BY: J. Andrew Coombs, A Prof. Corp. By: ____________________________ /s/ Annie S. Wang J. Andrew Coombs Annie S. Wang Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. One LLP P _________________________ ohn Tehranian ____________ __________ By: _______________________________ John Tehranian Attorney for Defendant Evgeni Goldin a/k/a Zack Goldin, an individual and d/b/a Nick Grace and Amazon.com Seller Super Trooper

EXHIBIT A

COPYRIGHT REGISTRATIONS

REG. NO. TITLE COPYRIGHT

CLAIMANTS

PA 1-709-262 BOARDWALK EMPIRE: Boardwalk

Empire Home Box Office, Inc.

PA 1-709-258 BOARDWALK EMPIRE: The Ivory

Tower Home Box Office, Inc.

PA 1-709-256 BOARDWALK EMPIRE: Broadway

Limited Home Box Office, Inc.

PA 1-709-260 BOARDWALK EMPIRE: Anastasia Home Box Office, Inc.

PA 1-709-265 BOARDWALK EMPIRE: Nights In

Ballygran Home Box Office, Inc.

PA 1-716-941 BOARDWALK EMPIRE: Family

Limitation Home Box Office, Inc.

PA 1-716-942 BOARDWALK EMPIRE: Home Home Box Office, Inc.

PA 1-716-946 BOARDWALK EMPIRE: Hold Me In

Paradise Home Box Office, Inc.

PA 1-719-464 BOARDWALK EMPIRE: Belle Femme Home Box Office, Inc.

PA 1-719-463 BOARDWALK EMPIRE: The Emerald

City Home Box Office, Inc.

PA 1-719-466 BOARDWALK EMPIRE: Paris Green Home Box Office, Inc.

PA 1-721-376 BOARDWALK EMPIRE: A Return To

Normalcy Home Box Office, Inc.

Warner Bros.

Entertainment Inc. (hereinafter "WBEI")

PA 1-800-005 CHUCK: Chuck Versus The Zoom

PA 1-800-007 CHUCK: Chuck Versus The Goodbye WBEI

PA 1-063-646 HARRY POTTER AND THE

SORCERER'S STONE WBEI

PA 1-105-748 HARRY POTTER AND THE CHAMBER

Miracle Productions

OF SECRETS

GmbH & Co. KG

PA 1-222-542 HARRY POTTER AND THE PRISONER

P of A Productions

OF AZKABAN

Limited

PA 1-279-121 HARRY POTTER AND THE GOBLET

Patalex IV Productions

OF FIRE

Limited

PA 1-355-547 HARRY POTTER AND THE ORDER OF

THE PHOENIX WBEI PA 1-647-906 HARRY POTTER AND THE HALF- WBEI

BLOOD PRINCE

PA 1-721-904 HARRY POTTER AND THE DEATHLY

HALLOWS PART 1 WBEI

PA 1-742-099 HARRY POTTER AND THE DEATHLY

HALLOWS PART 2 WBEI

PA 1-800-929 RIZZOLI & ISLES: We Don't Need

Another Hero WBEI PA 1-800-896 RIZZOLI & ISLES: Living Proof WBEI PA 1-800-891 RIZZOLI & ISLES: Don't Hate The Player WBEI

PA 1-800-908 RIZZOLI & ISLES: Rebel Without A

Pause WBEI PA 1-800-922 RIZZOLI & ISLES: Bloodlines WBEI PA 1-800-962 RIZZOLI & ISLES: Brown Eyed Girl WBEI

PA 1-800-887 RIZZOLI & ISLES: My Own Worst

Enemy WBEI PA 1-800-951 RIZZOLI & ISLES: Gone Daddy Gone WBEI PA 1-800-942 RIZZOLI & ISLES: Remember Me WBEI PA 1-800-959 RIZZOLI & ISLES: Can I Get A Witness? WBEI

PA 1-800-950 RIZZOLI & ISLES: He Ain't Heavy, He's

My Brother WBEI

PA 1-800-949 RIZZOLI & ISLES: Seventeen Ain't So

Sweet WBEI

PA 1-800-957 RIZZOLI & ISLES: Don't Stop Dancing,

Girl WBEI

PA 1-800-934 RIZZOLI & ISLES: Burning Down The

House WBEI

PA 1-794-685 PRETTY LITTLE LIARS (SERIES): It's

Alive WBEI

PA 1-794-687 PRETTY LITTLE LIARS (SERIES): The

Goodbye Look WBEI

PA 1-794-816 PRETTY LITTLE LIARS (SERIES): My

Name Is Trouble WBEI

PA 1-794-688 PRETTY LITTLE LIARS (SERIES): Blind

Dates WBEI

PA 1-794-823 PRETTY LITTLE LIARS (SERIES): The

Devil You Know WBEI

PA 1-794-778 PRETTY LITTLE LIARS (SERIES):

Never Letting Go WBEI

PA 1-794-827 PRETTY LITTLE LIARS (SERIES):

Surface Tension WBEI

PA 1-794-765 PRETTY LITTLE LIARS (SERIES): Save

The Date WBEI

PA 1-794-790 PRETTY LITTLE LIARS (SERIES):

Picture This WBEI

PA 1-794-831 PRETTY LITTLE LIARS (SERIES):

Touched By An 'A'-Angel WBEI

PA 1-794-686 PRETTY LITTLE LIARS (SERIES): I

Must Confess WBEI

PA 1-794-756 PRETTY LITTLE LIARS (SERIES): Over

My Dead Body WBEI

PA 1-794-834 PRETTY LITTLE LIARS (SERIES): The

First Secret WBEI

PA 1-794-837 PRETTY LITTLE LIARS (SERIES):

Through Many Dangers, Toils and Snares WBEI

PA 1-794-838 PRETTY LITTLE LIARS (SERIES): A

Hot Piece of "A" WBEI

PA 1-794-839 PRETTY LITTLE LIARS (SERIES): Let

The Water Hold Me Down WBEI

PA 1-794-844 PRETTY LITTLE LIARS ...


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