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British Broadcasting Corp. v. Stander

United States District Court, C.D. California, Western Division

June 27, 2017

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,
v.
SCOTT STANDER, THE STANDER GROUP, INC., a California corporation, and SCOTT STANDER & ASSOCIATES, INC., a California corporation, Defendants.

          ERICA 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 Productions, LLC

          [PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION

          Honorable Fernando M. Olguin United States District Judge

         Plaintiffs 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:

         1. This 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.

         2. 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. § 1391.

         3. The 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 remains.

         4. The 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.

         5. 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.

         6. The 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.

         7. The parties waive the entry of findings of fact and conclusions of law under Rules 52 and 65 of the Federal Rules of Civil Procedure.

         8. The 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.

         9. This 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.

         In accordance with the Parties' Settlement Agreement, the parties hereto stipulate and agree to this consent judgment and to the entry of a permanent ...


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