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Warner Bros. Home Entertainment Inc. v. Clanton

United States District Court, Ninth Circuit

May 17, 2013

Warner Bros. Home Entertainment Inc., Plaintiff,
v.
Chris Clanton, et al., Defendants.

J. Andrew Coombs (SBN 123881), Nicole L. Drey (SBN 250235), J. Andrew Coombs, A Prof. Corp., Glendale, California, Attorneys for Plaintiff Warner Bros. Home Entertainment Inc.

Tyler Brawley, Salt Lake City, Utah, Defendant, in pro se.

[PROPOSED] CONSENT DECREE AND PERMANENT INJUNCTION

GARY KLAUSNER, District Judge.

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 Tyler Brawley ("Defendant") in this action, and good cause appearing therefore, hereby:

ORDERS that based on the Parties' stipulation and 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 denies any unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.

5) 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.

6) Each side shall bear its own fees and costs of suit.

7) Except as provided herein, all claims alleged in the Complaint as to Defendant are dismissed with prejudice. All claims alleged in the Complaint as to co-Defendant Chris Clanton are dismissed without prejudice.

8) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.

9) 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.

10) 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.

11) 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.

12) 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

Registration No. Title Copyright Claimant Warner Bros. PA X-XXX-XXX CHUCK: Chuck Versus The Zoom Entertainment Inc. ("WBEI") PA X-XXX-XXX CHUCK: Chuck Versus The Goodbye WBEI PA X-XXX-XXX ENTOURAGE: Stunted Home Box Office, Inc. ("HBO") PA X-XXX-XXX ENTOURAGE: Buzzed HBO PA X-XXX-XXX ENTOURAGE: Dramedy HBO PA X-XXX-XXX ENTOURAGE: Tequila Sunrise HBO PA X-XXX-XXX ENTOURAGE: Bottoms Up HBO PA X-XXX-XXX ENTOURAGE: Hair HBO PA X-XXX-XXX ENTOURAGE: Tequila And Coke HBO PA X-XXX-XXX ENTOURAGE: Sniff Sniff Gang HBO Bang PA X-XXX-XXX ENTOURAGE: Porn Scenes From An HBO Italian Restaurant PA X-XXX-XXX ENTOURAGE: Lose Yourself HBO PA X-XXX-XXX GOSSIP GIRL: Belles De Jour WBEI PA X-XXX-XXX GOSSIP GIRL: Double Identity WBEI PA X-XXX-XXX GOSSIP GIRL: The Undergraduates WBEI PA X-XXX-XXX GOSSIP GIRL: Touch Of Eva WBEI PA X-XXX-XXX GOSSIP GIRL: Goodbye, Columbia WBEI PA X-XXX-XXX GOSSIP GIRL: Easy J WBEI PA X-XXX-XXX GOSSIP GIRL: War At The Roses WBEI PA X-XXX-XXX GOSSIP GIRL: Juliet Doesn't Live WBEI Here Anymore

PA X-XXX-XXX GOSSIP GIRL: The Witches Of WBEI Bushwick PA X-XXX-XXX GOSSIP GIRL: Gaslit WBEI PA X-XXX-XXX GOSSIP GIRL: The Townie WBEI PA X-XXX-XXX GOSSIP GIRL: The Kids Are Not All WBEI Right PA X-XXX-XXX GOSSIP GIRL: Damien Darko WBEI PA X-XXX-XXX GOSSIP GIRL: Panic Roommate WBEI PA X-XXX-XXX GOSSIP GIRL: It-Girl Happened One WBEI Night PA X-XXX-XXX GOSSIP GIRL: While You Weren't WBEI Sleeping PA X-XXX-XXX GOSSIP GIRL: Empire of The Son WBEI PA X-XXX-XXX GOSSIP GIRL: The Kids Stay In The WBEI Picture PA X-XXX-XXX GOSSIP GIRL: Petty In Pink WBEI PA X-XXX-XXX GOSSIP GIRL: The Princess And The WBEI Frog PA X-XXX-XXX GOSSIP GIRL: Shattered Bass WBEI PA X-XXX-XXX GOSSIP GIRL: The Wrong Goodbye WBEI PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI It's Alive PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI The Goodbye Look PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI My Name Is Trouble PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Blind Dates PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI The Devil You Know PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Never Letting Go

PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Surface Tension PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Save The Date PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Picture This PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Touched By An A'-Angel PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI I Must Confess PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Over My Dead Body PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI The First Secret PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Through Many Dangers, Toils and Snares PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI A Hot Piece of "A" PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Let The Water Hold Me Down PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI The Blonde Leading The Blind PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI A Kiss Before Lying PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI The Naked Truth PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI CTRL: A PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Breaking The Code

PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Father Knows Best PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI The Eye Of The Beholder PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI If These Dolls Could Talk PA X-XXX-XXX PRETTY LITTLE LIARS (SERIES): WBEI Unmasked PA X-XXX-XXX THE BIG BANG THEORY: The WBEI pobotic Manipulaton PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Cruciferous Vegetable Amplification PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Zazzy Substitution PA X-XXX-XXX THE BIG BANG THEORY: The Hot WBEI Troll Deviation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Desperation Emanation PA X-XXX-XXX THE BIG BANG THEORY: The Irish WBEI Pub Formulation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Apology Insufficiency PA X-XXX-XXX THE BIG BANG THEORY: The 21- WBEI Second Excitation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Boyfriend Complexity PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Alien Parasite Hypothesis PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Justice League Recombination

PA X-XXX-XXX THE BIG BANG THEORY: The Bus WBEI Pants Utilization PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Love Car Displacement PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Thespian Catalyst PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Benefactor Factor PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Cohabitation Formulation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Toast Derivation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Prestidigitation Approximation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Zarnecki Incursion PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Herb Garden Germination PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Agreement Dissection PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Wildebeest Implementation PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Engagement Reaction PA X-XXX-XXX THE BIG BANG THEORY: The WBEI Roommate Transmorgrification PA X-XXX-XXX THE PACIFIC: Part One HBO PA X-XXX-XXX THE PACIFIC: Part Two HBO PA X-XXX-XXX THE PACIFIC: Part Three HBO PA X-XXX-XXX THE PACIFIC: Part Four HBO PA X-XXX-XXX THE PACIFIC: Part Five HBO PA X-XXX-XXX THE PACIFIC: Part Six HBO PA X-XXX-XXX THE PACIFIC: Part Seven HBO PA X-XXX-XXX THE PACIFIC: Part Eight HBO

PA X-XXX-XXX THE PACIFIC: Part Nine HBO PA X-XXX-XXX THE PACIFIC: Part Ten HBO PA X-XXX-XXX THE VAMPIRE DIARIES: The WBEI; Return CBS Studios Inc. ("CBS") PA X-XXX-XXX THE VAMPIRE DIARIES: Brave WBEI; CBS New World PA X-XXX-XXX THE VAMPIRE DIARIES: Bad WBEI; CBS Moon Rising PA X-XXX-XXX THE VAMPIRE DIARIES: Memory WBEI; CBS Lane PA X-XXX-XXX THE VAMPIRE DIARIES: Kill Or WBEI; CBS Be Killed PA X-XXX-XXX THE VAMPIRE DIARIES: Plan B WBEI; CBS PA X-XXX-XXX THE VAMPIRE DIARIES: WBEI; CBS Masquerade PA X-XXX-XXX THE VAMPIRE DIARIES: Rose WBEI; CBS PA X-XXX-XXX THE VAMPIRE DIARIES: Katerina WBEI; CBS PA X-XXX-XXX THE VAMPIRE DIARIES: The WBEI; CBS Sacrifice PA X-XXX-XXX THE VAMPIRE DIARIES: By The WBEI; CBS Light Of The Moon PA X-XXX-XXX THE VAMPIRE DIARIES: The WBEI; CBS Descent PA X-XXX-XXX THE VAMPIRE DIARIES: Daddy WBEI; CBS Issues PA X-XXX-XXX THE VAMPIRE DIARIES: Crying WBEI; CBS Wolf PA X-XXX-XXX THE VAMPIRE DIARIES: The WBEI; CBS Dinner Party PA X-XXX-XXX THE VAMPIRE DIARIES: The WBEI; CBS House Guest

PA X-XXX-XXX THE VAMPIRE DIARIES: Know WBEI; CBS Thy Enemy PA X-XXX-XXX THE VAMPIRE DIARIES: The Last WBEI; CBS Dance PA X-XXX-XXX THE VAMPIRE DIARIES: Klaus WBEI; CBS PA X-XXX-XXX THE VAMPIRE DIARIES: The Last WBEI; CBS Day PA X-XXX-XXX THE VAMPIRE DIARIES: The Sun WBEI; CBS Also Rises PA X-XXX-XXX THE VAMPI DIARIES: As I Lay WBEI; CBS Dying PA X-XXX-XXX THE WIRE: The Target HBO PA X-XXX-XXX THE WIRE: The Detail HBO PA X-XXX-XXX THE WIRE: The Buys HBO PA X-XXX-XXX THE WIRE: Old Cases HBO PA X-XXX-XXX THE WIRE: The Pager HBO PA X-XXX-XXX THE WIRE: The Wire HBO PA X-XXX-XXX THE WIRE: One Arrest HBO PA X-XXX-XXX THE WIRE: Lessons HBO PA X-XXX-XXX THE WIRE: Game Day HBO PA X-XXX-XXX THE WIRE: The Cost HBO PA X-XXX-XXX THE WIRE: The Hunt HBO PA X-XXX-XXX THE WIRE: Cleaning Up HBO PA X-XXX-XXX THE WIRE: Sentencing HBO PA X-XXX-XXX THE WIRE: Ebb Tide HBO PA X-XXX-XXX THE WIRE: Collateral Damage HBO PA X-XXX-XXX THE WIRE: Hot Shots HBO PAu X-XXX-XXX THE WIRE: Hard Cases HBO PAu X-XXX-XXX THE WIRE: Undertow HBO PA X-XXX-XXX THE WIRE: All Prologue HBO PA X-XXX-XXX THE WIRE: Backwash HBO PAu X-XXX-XXX THE WIRE: Duck And Cover HBO PA X-XXX-XXX THE WIRE: Stray Sounds HBO PA X-XXX-XXX THE WIRE: Storm Warnings HBO

PA X-XXX-XXX THE WIRE: Bad Dreams HBO PA X-XXX-XXX THE WIRE: Port In A Storm HBO PA X-XXX-XXX THE WIRE: Time After Time HBO PA X-XXX-XXX THE WIRE: All Due Respect HBO PA X-XXX-XXX THE WIRE: Dead Soldiers HBO PA X-XXX-XXX THE WIRE: Amsterdam HBO PA X-XXX-XXX THE WIRE: Straight And True HBO PA X-XXX-XXX THE WIRE: Homecoming HBO PA X-XXX-XXX THE WIRE: Back Burners HBO PA X-XXX-XXX THE WIRE: Moral Midgetry HBO PA X-XXX-XXX THE WIRE: Slapstick HBO PA X-XXX-XXX THE WIRE: Reformation HBO PA X-XXX-XXX THE WIRE: Middle Ground HBO PA X-XXX-XXX THE WIRE: Mission Accomplished HBO PA X-XXX-XXX THE WIRE: Boys Of Summer HBO PA X-XXX-XXX THE WIRE: Soft Eyes HBO PA X-XXX-XXX THE WIRE: Home Rooms HBO PA X-XXX-XXX THE WIRE: Refugees HBO PA X-XXX-XXX THE WIRE: Alliances HBO PA X-XXX-XXX THE WIRE: Margin Of Error HBO PA X-XXX-XXX THE WIRE: Unto Others HBO PA X-XXX-XXX THE WIRE: Corner Boys HBO PA X-XXX-XXX THE WIRE: Know Your Place HBO PA X-XXX-XXX THE WIRE: Misgivings HBO PA X-XXX-XXX THE WIRE: A New Day HBO PA X-XXX-XXX THE WIRE: That's Got His Own HBO PA X-XXX-XXX THE WIRE: Final Grades HBO PA X-XXX-XXX THE WIRE: More With Less HBO PA X-XXX-XXX THE WIRE: Unconfirmed Reports HBO PA X-XXX-XXX THE WIRE: Not For Attribution HBO PA X-XXX-XXX THE WIRE: Transitions HBO PA X-XXX-XXX THE WIRE: React Quotes HBO

PA X-XXX-XXX THE WIRE: The Dickenson Aspect HBO PA X-XXX-XXX THE WIRE: Took HBO PA X-XXX-XXX THE WIRE: Clarifications HBO PA X-XXX-XXX THE WIRE: Late Editions HBO PA X-XXX-XXX THE WIRE: -30- HBO PA X-XXX-XXX TREME: Accentuate The Positive HBO PA X-XXX-XXX TREME: Everything I Do Gonh Be HBO Funky PA X-XXX-XXX TREME: On Your Way Down HBO PA X-XXX-XXX TREME: Santa Claus, Do You Ever HBO Get The Blues? PA X-XXX-XXX TREME: Slip Away HBO PA X-XXX-XXX TREME: Feels Like Rain HBO PA X-XXX-XXX TREME: Carnival Time HBO PA X-XXX-XXX TREME: Can I Change My Mind HBO PA X-XXX-XXX TREME: What Is New Orleans? HBO PA X-XXX-XXX TREME: That's What Lovers Do? HBO PA X-XXX-XXX TREME: Do Whatcha Wanna HBO PA X-XXX-XXX TRUE BLOOD: Strange Love HBO PA X-XXX-XXX TRUE BLOOD: The First Taste HBO PA X-XXX-XXX TRUE BLOOD: Mine HBO PA X-XXX-XXX TRUE BLOOD: Escape from Dragon HBO House PA X-XXX-XXX TRUE BLOOD: Sparks Fly Out HBO PA X-XXX-XXX TRUE BLOOD: Cold Ground HBO PA X-XXX-XXX TRUE BLOOD: Burning House of HBO Love PA X-XXX-XXX TRUE BLOOD: The Fourth Man in HBO the Fire PA X-XXX-XXX TRUE BLOOD: Plaisir D'Amour HBO PA X-XXX-XXX TRUE BLOOD: I Don't Wanna Know HBO


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