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Warner Bros. Home Entertainment Inc v. Carole Jones

May 7, 2013

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



The opinion of the court was delivered by: Hon. Stephen V. Wilson United States District Judge

CONSENT DECREE AND PERMANENT INJUNCTION [NOTE COURT MODIFICATION]

JS-6

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 Carole Jones, an individual and d/b/a as Amazon.com Seller Dandelion DVDs ("Defendant"), in this action, and good cause appearing therefore, hereby:

ORDERS that based on the Parties' stipulation and only as to Defendant, her 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 her agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with her 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

PLAINTIFF'S WORKS

COPYRIGHT CLAIMANTS

REG. NO. TITLE

Warner Bros.

Entertainment Inc.

PA 1-800-456 CHUCK: Chuck Versus The

Anniversary

("WBEI")

PA 1-800-450 CHUCK: Chuck Versus The

Cliffhanger WBEI

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

PA 1-800-007 CHUCK: Chuck Versus The

Goodbye WBEI PA 1-799-978 FRINGE: Olivia WBEI PA 1-799-994 FRINGE: The Box WBEI PA 1-799-991 FRINGE: The Plateau WBEI

PA 1-799-973 FRINGE: Do Shapeshifters Dream of Electric Sheep? WBEI

PA 1-800-068 FRINGE: Amber 31422 WBEI PA 1-799-971 FRINGE: 6955 KHZ WBEI PA 1-800-066 FRINGE: The Abducted WBEI PA 1-799-984 FRINGE: Entrada WBEI PA 1-800-071 FRINGE: Marionette WBEI PA 1-800-082 FRINGE: The Firefly WBEI PA 1-799-860 FRINGE: Reciprocity WBEI

PA 1-799-843 FRINGE: Concentrate And Ask

Again WBEI PA 1-799-846 FRINGE: Immortality WBEI PA 1-799-854 FRINGE: 6B WBEI PA 1-799-856 FRINGE: Subject 13 WBEI PA 1-799-853 FRINGE: OS WBEI

PA 1-799-980 FRINGE: Stowaway WBEI PA 1-799-975 FRINGE: Bloodline WBEI

PA 1-800-064 FRINGE: Lysergic Acid

Diethylamide WBEI PA 1-800-072 FRINGE: 6:02 AM EST WBEI PA 1-799-987 FRINGE: The Last Sam Weiss WBEI PA 1-800-069 FRINGE: The Day We Died WBEI

PA-1-715-767 IN TREATMENT: Sunil: Week

Home Box Office, Inc.

One

("HBO")

PA-1-715-761 IN TREATMENT: Frances: Week

One HBO

PA-1-715-759 IN TREATMENT: Jesse: Week

One HBO

PA-1-715-760 IN TREATMENT: Adele: Week

One HBO

PA 1-715-057 IN TREATMENT: Sunil: Week

Two HBO

PA1-715-051 IN TREATMENT: Frances: Week

Two HBO

PA 1-715-056 IN TREATMENT: Jesse: Week

Two HBO

PA 1-715-045 IN TREATMENT: Adele: Week

Two HBO

PA 1-718-839 IN TREATMENT: Sunil: Week

Three HBO

PA 1-718-838 IN TREATMENT: Frances: Week

Three HBO

PA 1-718-847 IN TREATMENT: Jesse: Week

Three HBO

PA 1-718-845 IN TREATMENT: Adele: Week

Three HBO

PA 1-718-841 IN TREATMENT: Sunil: Week

Four HBO

PA 1-719-472 IN TREATMENT: Frances: Week

Four HBO

PA 1-719-471 IN TREATMENT: Jesse: Week

Four HBO

PA 1-719-474 IN TREATMENT: Adele: Week

Four HBO

PA 1-719-468 IN TREATMENT: Sunil: Week

Five HBO

PA 1-719-470 IN TREATMENT: Frances: Week

Five HBO

PA 1-719-469 IN TREATMENT: Jesse: Week

Five HBO

PA 1-805-663 IN TREATMENT: Adele: Week

Five HBO

PA 1-719-724 IN TREATMENT: Sunil: Week Six HBO

PA 1-719-725 IN TREATMENT: Frances: Week

Six HBO

PA 1-719-847 IN TREATMENT: Jesse: Week Six HBO

PA 1-719-723 IN TREATMENT: Adele: Week

Six HBO

PA 1-721-379 IN TREATMENT: Sunil: Week

Seven HBO

PA 1-721-381 IN TREATMENT: Frances: Week

Seven HBO

PA 1-721-380 IN TREATMENT: Jesse: Week

Seven HBO

PA 1-721-382 IN TREATMENT: Adele: Week

Seven HBO

PA 1-623-599 JOHN ADAMS: Join Or Die HBO PA 1-623-549 JOHN ADAMS: Independence HBO

JOHN ADAMS: Don't Tread On

Me HBO

PA 1-623-550

PA 1-623-551 JOHN ADAMS: Reunion HBO PA 1-623-552 JOHN ADAMS: Unite Or Die HBO PA 1-623-553 JOHN ADAMS: Unnecessary War HBO PA 1-623-555 JOHN ADAMS: Peacefield HBO PA 1-708-363 NIP/TUCK: Ronnie Chase WBEI PA 1-708-374 NIP/TUCK: Gene Shelly WBEI PA 1-708-386 NIP/TUCK: Roxy St. James WBEI PA 1-708-401 NIP/TUCK: Ricky Wells WBEI PA 1-708-522 NIP/TUCK: Manny Skerritt WBEI PA 1-708-506 NIP/TUCK: Budi Sabri WBEI PA 1-708-504 NIP/TUCK: Allegra Caldarello WBEI

NIP/TUCK: Giselle Blaylock And

Legend Chandler WBEI PA 1-708-582 NIP/TUCK: Don Hoberman WBEI PA 1-711-947 NIP/TUCK: Enigma WBEI PA 1-708-611 NIP/TUCK: Briggitte Reinholt WBEI PA 1-708-577 NIP/TUCK: Jenny Juggs WBEI PA 1-708-528 NIP/TUCK: Abigail Sullivan WBEI PA 1-708-347 NIP/TUCK: Alexis Stone WBEI PA 1-708-345 NIP/TUCK: Alexis Stone II WBEI PA 1-708-335 NIP/TUCK: Lola Wlodkowski WBEI PA 1-708-466 NIP/TUCK: Benny Nilsson WBEI PA 1-708-343 NIP/TUCK: Wesley Clovis WBEI PA 1-711-948 NIP/TUCK: Dan Daly WBEI PA 1-708-348 NIP/TUCK: Willow Banks WBEI PA 1-708-349 NIP/TUCK: Joel Seabrook WBEI PA 1-708-330 NIP/TUCK: Sheila Carlton WBEI PA 1-708-627 NIP/TUCK: Virginia Hayes WBEI PA 1-708-631 NIP/TUCK: Christian Troy II WBEI PA 1-708-342 NIP/TUCK: Dr. Griffin WBEI

PA 1-708-500

NIP/TUCK: Walter & Edith Krieger

PA 1-708-621

WBEI

PA 1-708-478 NIP/TUCK: Hiro Yoshimura WBEI

ONE TREE HILL: 4:30 AM (Apparently They Were Traveling

PA 1-798-608

Abroad) WBEI

PA 1-799-057 ONE TREE HILL: What Are You

Willing To Lose WBEI

PA 1-799-059 ONE TREE HILL: Hold My Hand

As I'm Lowered WBEI

PA 1-799-063 ONE TREE HILL: Believe Me, I'm

Lying WBEI

PA 1-799-066 ONE TREE HILL: Your Cheatin'

Heart WBEI

PA 1-799-287 ONE TREE HILL: Deep Ocean

Vast Sea WBEI

PA 1-803-468 ONE TREE HILL: I And Love And

You WBEI

PA 1-799-296 ONE TREE HILL: I Just Died In

Your Arms Tonight WBEI

PA 1-801-398 ONE TREE HILL: Now You Lift

Your Eyes To The Sun WBEI

PA 1-799-297 ONE TREE HILL: You Are A

Runner And I Am My Father's Son WBEI

PA 1-799-302 ONE TREE HILL: You Know I

Love You, Don't You? WBEI

PA 1-803-555 ONE TREE HILL: Some Roads

Lead Nowhere WBEI

PA 1-799-326 ONE TREE HILL: Weeks Go By

Like Days WBEI

PA 1-799-333 ONE TREE HILL: Family Affair WBEI

PA 1-799-955 ONE TREE HILL: Don't You

Forget About Me WBEI

PA 1-799-334 ONE TREE HILL: My Attendance

Is Bad But My Intentions Are Good WBEI

PA 1-803-556 ONE TREE HILL: At The Bottom

Of Everything WBEI

PA 1-803-557 ONE TREE HILL: The Last Day Of

Our Acquaintance WBEI

PA 1-799-809 ONE TREE HILL: Every Picture

Tells A Story WBEI

PA 1-798-609 ONE TREE HILL: Learning ...


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