Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Riot Games, Inc. v. Divinesmurfs

United States District Court, C.D. California

May 3, 2017

RIOT GAMES, INC., a Delaware Corporation, Plaintiff,
v.
DIVINESMURFS aka ELITESMURFS, a business entity, form unknown; ZACHARY KAUFMAN, an individual; and DOES 1-10, inclusive, Defendants.

          [PROPOSED] PERMANENT INJUNCTION AND CONSENT JUDGMENT

          HONORABLE PHILIP S. GUTIERREZ U.S. DISTRICT COURT JUDGE.

         PERMANENT INJUNCTION AND CONSENT JUDGMENT

         The Court, having read and considered the Joint Stipulation for Entry of Permanent Injunction and Consent Judgment between Plaintiff Riot Games, Inc. (“Riot”), on the one hand, and Defendants DivineSmurfs aka EliteSmurfs and Zachary Kaufman (collectively, “Defendants”), on the other hand, and good cause appearing, hereby finds as follows:

1. WHEREAS, Riot develops and publishes a popular video game called League of Legends (“LoL”).
2. WHEREAS, on or about March 3, 2017, Riot brought the above-entitled action (the “Action”) against Defendants for copyright infringement, breach of contract, and intentional interference with contractual relations.
3. WHEREAS, Defendants own and operate a commercial website (www.divinesmurfs.com) through which they sell LoL player accounts.
4. WHEREAS, the unauthorized sale of LoL player accounts is a violation of Riot's Terms of Use, which all LoL users must agree to in order to play the game.
5. WHEREAS, by selling LoL player accounts without authorization, Defendants have materially breached Riot's Terms of Use and have induced LoL players to materially breach Riot's Terms of Use. These breaches include the unauthorized sharing, transfer, and/or sale of accounts and account credentials.
6. WHEREAS, on or about January 26, 2017, Riot sent Defendants a cease and desist letter demanding, among other things, that Defendants permanently discontinue their business operation by February 3, 2017.
7. WHEREAS, Defendants did not comply with the cease and desist letter, and instead maintained their website and their business.
8. WHEREAS, in connection with their unlawful business, Defendants also copied Riot's copyrighted images contained within LoL without authorization and displayed those images on their website www.divinesmurfs.com.
9. WHEREAS, Riot has registered copyrights in LoL with the United States Copyright Office, including PA 1-906-694, PA 1-397-659 and PA 1-971-560 (the “Copyrighted Works”), and these registrations are valid and subsisting.
10. WHEREAS, Defendants' reproduction and use of images from LoL violates Riot's exclusive rights in the Copyrighted Works under 17 U.S.C. § 106.
11. WHEREAS, Defendants have agreed to the Court's issuance of the Judgment and Permanent Injunction ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.