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The Muppets Studio, LLC v. Pacheco

United States District Court, Ninth Circuit

June 6, 2013

The Muppets Studio, LLC, Plaintiff,
v.
Bobbi Pacheco a/k/a Bobbi Jo Swartzendruber, an individual and d/b/a oldschoolpuppets, and Does 1 - 10, inclusive, Defendants.

JUDGMENT

JESUS G. BERNAL, District Judge.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that default judgment is entered in favor of Plaintiff.

The Court orders that judgment shall be entered as follows:

1. Defendant is hereby restrained and enjoined from:

A. Infringing Plaintiff's Properties, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, any merchandise which features any of Plaintiff's Properties, and, specifically:
i) Importing, manufacturing, distributing, advertising, selling and/or offering for sale the Counterfeit Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;
ii) Importing, manufacturing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiff's Properties;
iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public believe, the actions of Defendant, the products sold by Defendant, or Defendant herself are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are affiliated with Plaintiff;
iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as those being those of Plaintiff.

2. Plaintiff is awarded a monetary judgment constituting:

A. Statutory damages provided by the Copyright Act, 17 U.S.C. § 504, for the willful infringements of Plaintiff's copyright in the amount of $15, 000;
B. Attorneys' fees totaling $1, 500; and
C. Interest on the principal amount of the judgment to Plaintiff at a statutory rate pursuant to 28 U.S.C. § 1961(a).

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