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Warner Bros. Home Entertainment Inc. v. Fleming

United States District Court, Ninth Circuit

January 6, 2014

Warner Bros. Home Entertainment Inc., Plaintiff,
v.
Jonathan Fleming, an individual and d/b/a Amazon.com Seller Pre-OwnedBooks, and Does 1-10, inclusive, Defendants.

J. Andrew Coombs (SBN 123881), Annie S. Wang (SBN 243027), J. Andrew Coombs, A Prof. Corp., Glendale, California, Attorneys for Plaintiff,

Warner Bros. Home Entertainment Inc. Jonathan Fleming, an individual and d/b/a Amazon.com Seller Pre-OwnedBooks c/o Bader C. Giggenbach, Esq., Morgantown, West Virginia, Defendant, in pro se.

CONSENT DECREE AND PERMANENT INJUNCTION [JS-6]

CONSUELO B. MARSHALL, 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 Jonathan Fleming, an individual and d/b/a Amazon.com Seller Pre-OwnedBooks ("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.

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

COPYRIGHT REGISTRATIONS

REG. NO. DESCRIPTION COPYRIG HT CLAIMAN T PA X-XXX-XXX; 300 Warner PA X-XXX-XXX Bros. Entertainment Inc.; Virtual Studios, LLC PA X-XXX-XXX 17 Again New Line Productions, Inc. ("NLPI") RE 731-536 2001: A SPACE ODYSSEY NLPI PA 295-249 9 1/2 Weeks Warner Bros. Productions, Ltd., Monarchy Enterprises, BV, & Regency Entertainment (USA), Inc. RE 655-106 A Charlie Brown Christmas United Feature Syndicate, Inc. ("UFSI") RE 844-485 A Charlie Brown Thanksgiving UFSI PA 212-225 A Christmas Story (Two-Disc Special Edition) M G M/U A Entertainment Company RE 810-505; A Clockwork Orange Pandora, RE 810-504 Inc. PA 701-976 A Little Princess Warner Brothers, a division of Time Warner Entertainment Company, LP ("WBI") PA X-XXX-XXX A Nightmare on Elm Street Nine Yards Productions, LLC

PA 681-416 A Perfect Murder WBI RE 907-074 A Star Is Born Warner Bros. Entertainment Inc. ("WBEI") PA 795-718 A Time to Kill NLPI PA X-XXX-XXX A Very Harold & Kumar Christmas WBEI PA X-XXX-XXX A Walk to Remember Morgan Creek Productions, Inc. PA X-XXX-XXX A.I. Artificial Intelligence WBI PA 775-030 Ace Ventura 2: When Nature Calls Turner Entertainment Co. ("TEC") PA 713-275 Ace Ventura: Pet Detective NLPI PA 713-275 Ace Ventura: Pet Detective, Jr. Morgan Creek Productions, Inc. PA 295-215 Act of Vengeance Telepictures Productions, Inc. PA 487-978 Akira Kurosawa's Dreams Warner Bros. Inc. PA 241-498 Amadeus The Saul Zaentz Company PA 922-931 American History X WV Films II LLC PA X-XXX-XXX American Splendor Home Box Office, Inc. ("HBO") RE 010-232 An American in Paris (Two-Disc Special Edition) WBEI R 532014 Anchors Aweigh TEC PA 962-790 Any Given Sunday WBEI PA X-XXX-XXX AQUA TEEN HUNGER FORCE: Antenna The Cartoon Network LP, LLLP ("TCNLP") PA X-XXX-XXX AQUA TEEN HUNGER FORCE: Bad Replicant TCNLP PA X-XXX-XXX AQUA TEEN HUNGER FORCE: Balloonenstein TCNLP PA X-XXX-XXX AQUA TEEN HUNGER FORCE: Bart Oates TCNLP PA X-XXX-XXX AQUA TEEN HUNGER FORCE: ...


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