United States District Court, C.D. California, Western Division
BRITISH BROADCASTING CORPORATION, a foreign corporation, BBC WORLDWIDE, LTD., a foreign limited company, and DWTS PRODUCTIONS, LLC fka BBC Worldwide Productions, LLC, a California limited liability company, Plaintiffs,
SCOTT STANDER, THE STANDER GROUP, INC., a California corporation, and SCOTT STANDER & ASSOCIATES, INC., a California corporation, Defendants.
J. VAN LOON, REX HWANG, NICHOLAS E. HUSKINS, BRITTANY ELIAS,
GLASER WEIL FINK, HOWARD AVCHEN & SHAPIRO LLP Attorneys
for Plaintiffs British Broadcasting Corporation, BBC
Worldwide, Ltd., and DWTS Productions, LLC fka BBC Worldwide
[PROPOSED] CONSENT JUDGMENT
AND PERMANENT INJUNCTION
Honorable Fernando M. Olguin United States District Judge
British Broadcasting Corporation, BBC Worldwide, Ltd.
(collectively, the “BBC”), and DWTS Productions,
LLC aka Lime Grove Productions, LLC fka BBC
Worldwide Productions, LLC (“DWTS Productions”)
(all plaintiffs collectively, the “BBC Entities”)
on the one hand, and Defendants Scott Stander &
Associates, Inc., Scott Stander, and The Stander Group, Inc.
(collectively, “SS&A”) on the other (each a
“Party, ” and collectively the
“Parties”), having consented to this judgment and
the terms of the permanent injunction set forth below, this
Court hereby finds as follows:
case arises under the laws of the United States, specifically
the trademark laws of the United States, 15 U.S.C. §
1114. This Court has original jurisdiction over this
action under 15 U.S.C. § 1121 and 28 U.S.C. §§
1331 and 1338. This Court has supplemental jurisdiction under
28 U.S.C. § 1367 because the claims are so related as to
form part of the same case or controversy.
Scott Stander & Associates, Inc., Scott Stander, and The
Stander Group, Inc. reside in this judicial district and are
subject to personal jurisdiction in this district. A
substantial portion of the events giving rise to this action
occurred in this district. Personal jurisdiction and venue
are therefore proper in this district pursuant to 28 U.S.C.
BBC owns and produces the extremely popular television
program “Dancing With The Stars”
(“DWTS”), which has continuously aired in the
United States since 2005. The DWTS show features celebrity
contestants paired with professional dancers that compete in
a weekly dance contest. Each couple performs predetermined
dances and competes against the others for the judges'
points and audience votes. The couple receiving the lowest
combined total of judges' points and audience votes is
eliminated each week until only the champion dance pair
BBC owns intellectual property rights related to DWTS,
including common law and federally incontestable registered
trademark rights to the trademark DANCING WITH THE STARS for
entertainment services, including shows, stage events,
theatrical performances, concerts, and live performances
(United States Patent and Trademark Office
(“USPTO”) Reg. No. 3, 749, 844) (the “DWTS
Wordmark”). The BBC also owns common law trademark
rights to the current iteration of the DWTS logo (the
“DWTS Logo”), as a result of consistent use of
the mark in commerce in connection with the promotion,
marketing, and advertisement of the DWTS television and live
touring shows since as early as March 2010. The DWTS Wordmark
and DWTS Logo (collectively, the “DWTS Marks”)
are widely recognized by the consuming public and are famous.
SS&A is the producer of various live performance stage
shows which feature DWTS dancers performing live dances. Such
shows include “Ballroom With A Twist, ”
“Ballroom With A Twist-Mas!, ” “Dancing
With A Twist, ” “Dancing With A Twist-Mas,
” “Dancing With The Movies, ” and
“Dance To The Movies” (collectively,
“SS&A's Live Shows”). SS&A's
Shows are performed at theaters across the nation, and
tickets are promoted and sold on numerous theater websites,
as well as online ticket retailers such as TicketMaster.com.
Parties' have agreed to settle this dispute and have
entered into a binding Confidential Settlement Agreement
(“Settlement Agreement”). And consistent with the
terms of the Parties' Settlement Agreement, SS&A
consents to entry of judgment in the above-captioned case and
entry of the following permanent injunction order against it.
parties waive the entry of findings of fact and conclusions
of law under Rules 52 and 65 of the Federal Rules of Civil
permanent injunction order will be entered under Federal Rule
of Civil Procedure 65 and will constitute the final judgment
in this matter. SS&A waives the right to appeal from this
judgment and will bear its respective costs, including any
attorney's fees or other expenses of this litigation.
Court should retain jurisdiction over this matter for the
purpose of implementing and enforcing the permanent
injunction order. If SS&A violates the permanent
injunction order, it may be subject to civil and criminal
sanctions for contempt of court.
accordance with the Parties' Settlement Agreement, the
parties hereto stipulate and agree to this consent judgment
and to the entry of a permanent ...