Conan Properties International, LLC v. Tim Underwood et al
| Conan Properties International, LLC |
| Tim Underwood, Manuel Auad, Manuel Perez Clemente, Arnie Fenner, Cathy Fenner and Spectrum Fantastic Art LLC |
| 2:2011cv01586 |
| February 23, 2011 |
| US District Court for the Central District of California |
| John E. McDermott |
| Philip S. Gutierrez |
| Copyright |
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Filing
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CONSENT JUDGMENT AND ORDER by Judge Philip S. Gutierrez: CPI shall have judgment on the Complaint as set forth herein: Judgment in this action shall enter as follows: CPI owns all rights, title and interest in the following stories protected by Unite d States copyright registrations: "Black Colossus" (reg. no. B 211 038;renewal no. R 269 994), "Phoenix on the Sword" (reg. no. B 175731; renewal no. R 250145), "Rogues in the House" (reg. no. B 246 430; renewal no. R 27 0001), "Scarlet Citadel" (reg. no. B 175732; renewal no. R 250146), "Tower of the Elephant" (reg. no. B 211 035; renewal no. R 269 991), and "Vale of Lost Women" (reg. no. B 345 804; renewal no. RE 673 166), (the "C opyrighted Stories''). CPI owns all intellectual property rights, title and interest in those paintingsby Clemente commissioned by Charter Communications, Inc. for use as cover arton certain "Conan" books licensed to Charter by CP I and published under Charter's"Ace" imprint (the "Ace Covers''). CPI owns trademark registrations worldwide for the trademarks CONAN andCONAN THE BARBARIAN. including, inter alia, the following United Statestrademark re gistration numbers for the trademark CONAN: 78325581, 78806704,75436514, and 74369670 in Class 9; 1374714.3607668, and 2522082 in Class 16;73112519 and 78806775 in Class 25; 78806795 and 73282331 in Gass 28;78806841 in Class 41; and United States tra demark registration number 2522083 inClass 16 for the mark CONAN THE BARBARIAN (collectively, the "ConanMarks"). CPI also owns nearly one hundred (100) international registrations forCONAN, CONAN THE BARBARIAN, and other CONAN-formative tra demarks. CPI owns all right, title and interest in the fictional character "Conan:' alkJa "Conan the Barbarian," created by the author Robert E. Howard in the 19208 (the "Conan Character"). Defendants are enjoined from c reating, publishing, selling in and/or importing into the United States any books (including, but not limited to, reprinting of Sword's Edge), containing the Copyrighted Stories, or any other stories containing the Conan Character owned by CPI, the Ace Covers, the Conan Marksand the Conan Character, except by license. Defendants, and each of them, are permanently enjoined from reproducing, distributing or otherwise infringing the Copyrighted Stories, or any other storiescontaining the Conan Character owned by CPl. the Ace Covers, the Conan Marks and/or the Conan Character by, including without limitation, reproducing, distributing or otherwise using the Copyrighted Stories, the Ace Covers, the Conan Marks, and any depiction of the Cona n Character in the United States, except by license. Defendants are permanently enjoined from directly or indirectly using the name "Conan," the Conan Marks, and/or the Conan Character or any other mark, word or name similar thereto which i s likely to cause confusion, mistake or to deceive, as to rights held by CPI, except by license. Judgment enter for CPI on the complaint as set forth herein. The Parties shall each bear its own costs in this matter. (See document for further details) (ir)
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