Columbia Pictures Industries, Inc. v. Anthony Falkowski et al
| Columbia Pictures Industries, Inc. |
| Does, Anthony Falkowski and Kimberly Nolan |
| 2:2008cv06070 |
| March 27, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Margaret M. Morrow |
| Ralph Zarefsky |
| Copyright |
| 28 U.S.C. ยง 1338 Copyright Infringement |
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Filing
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CONSENT DECREE AND PERMANENT INJUNCTION by Judge Margaret M. Morrow: This Court has jurisdiction over the parties to this action and over the subjectmatter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. Ser vice of process was properly made against Defendants. 2) Plaintiff claims that it owns or controls the pertinent rights in and to the copyright registrations listed in Exhibit A attached hereto and incorporated hereinby this reference (The copyrights identified in Exhibit A are collectively referred to herein as Plaintiffs Properties). 3) Plaintiff has alleged that Defendants have made unauthorized uses of Plaintiffs Properties or substantially similar likenesses or colorable imitations thereof. 4) Defendants and their agents, servants, employees and all persons in activeconcert and participation with them who receive actual notice of the Injunction are hereby restrained and enjoined from: a) Infringing Plaintiffs Properties, either directl y or contributorily, in any manner, including generally, but not limited to manufacturing, importing, reproducing, distributing, advertising, selling and/or offering for sale any unauthorized product which features any of Plaintiffs Properties (Unaut horized Products), and, specifically from: i) Importing, manufacturing, reproducing, distributing, advertising, selling and/or offering for sale the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the li kenesses of or bear a substantial similarity to any of PlaintiffsProperties; ii) Importing, manufacturing, reproducing, 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 Plaintiffs Properties; iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or dec eive purchasers, Defendants customers and/or members of the public to believe, the actions of Defendants, the products sold by Defendants, or Defendants themselves 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, reproduction, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or r epresentation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff. 5) Each side shall bear its own fees and costs of suit. 6) Except as provided herein, all claims alleged in the Complain t are dismissed with prejudice. 7) This Injunction shall be deemed to have been served upon Defendants 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 Defendants. 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, (rrey)
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