The opinion of the court was delivered by: Hon. Stephen V. Wilson United States District Judge
CONSENT DECREE AND PERMANENT INJUNCTION [NOTE COURT MODIFICATION]
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.
PA 1-800-456 CHUCK: Chuck Versus The
PA 1-800-450 CHUCK: Chuck Versus The
PA 1-800-005 CHUCK: Chuck Versus The Zoom WBEI
PA 1-800-007 CHUCK: Chuck Versus The
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PA 1-799-973 FRINGE: Do Shapeshifters Dream of Electric Sheep? WBEI
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PA 1-799-843 FRINGE: Concentrate And Ask
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PA 1-800-064 FRINGE: Lysergic Acid
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PA-1-715-761 IN TREATMENT: Frances: Week
PA-1-715-759 IN TREATMENT: Jesse: Week
PA-1-715-760 IN TREATMENT: Adele: Week
PA 1-715-057 IN TREATMENT: Sunil: Week
PA1-715-051 IN TREATMENT: Frances: Week
PA 1-715-056 IN TREATMENT: Jesse: Week
PA 1-715-045 IN TREATMENT: Adele: Week
PA 1-718-839 IN TREATMENT: Sunil: Week
PA 1-718-838 IN TREATMENT: Frances: Week
PA 1-718-847 IN TREATMENT: Jesse: Week
PA 1-718-845 IN TREATMENT: Adele: Week
PA 1-718-841 IN TREATMENT: Sunil: Week
PA 1-719-472 IN TREATMENT: Frances: Week
PA 1-719-471 IN TREATMENT: Jesse: Week
PA 1-719-474 IN TREATMENT: Adele: Week
PA 1-719-468 IN TREATMENT: Sunil: Week
PA 1-719-470 IN TREATMENT: Frances: Week
PA 1-719-469 IN TREATMENT: Jesse: Week
PA 1-805-663 IN TREATMENT: Adele: Week
PA 1-719-724 IN TREATMENT: Sunil: Week Six HBO
PA 1-719-725 IN TREATMENT: Frances: Week
PA 1-719-847 IN TREATMENT: Jesse: Week Six HBO
PA 1-719-723 IN TREATMENT: Adele: Week
PA 1-721-379 IN TREATMENT: Sunil: Week
PA 1-721-381 IN TREATMENT: Frances: Week
PA 1-721-380 IN TREATMENT: Jesse: Week
PA 1-721-382 IN TREATMENT: Adele: Week
PA 1-623-599 JOHN ADAMS: Join Or Die HBO PA 1-623-549 JOHN ADAMS: Independence HBO
JOHN ADAMS: Don't Tread On
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
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NIP/TUCK: Walter & Edith Krieger
PA 1-708-478 NIP/TUCK: Hiro Yoshimura WBEI
ONE TREE HILL: 4:30 AM (Apparently They Were Traveling
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PA 1-799-059 ONE TREE HILL: Hold My Hand
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PA 1-799-302 ONE TREE HILL: You Know I
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PA 1-803-555 ONE TREE HILL: Some Roads
PA 1-799-326 ONE TREE HILL: Weeks Go By
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PA 1-799-955 ONE TREE HILL: Don't You
PA 1-799-334 ONE TREE HILL: My Attendance
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PA 1-803-556 ONE TREE HILL: At The Bottom
PA 1-803-557 ONE TREE HILL: The Last Day Of
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