Disney Enterprises, Inc. et al v. Hollywood Entertainment Group LLC et al

Filing 36

ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION WITH PREJUDICE by Judge John F. Walter. IT IS THEREFORE ORDERED, ADJUDICATED AND DECREED that, a permanent injunction shall be and hereby is entered against Defendants as fo llows: Defendants, and each of Defendants' respective officers, agents, servants, employees, successors and assigns, and all those acting in concert or participation with any such persons, including any company owned or controlled (now or in t he future) by Craig Banaszewski, are hereby PERMANENTLY enjoined. FURTHER ORDERED that the Court shall dismiss the action, with prejudice, upon entry of the Permanent Injunction, with each party to bear its own costs and attorneys' fees. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for all purposes of construction, modification and enforcement of this Order. (MD JS-6. Case Terminated.) (jp)

L L P
F L E X N E R
S C H I L L E R
B O I E S

1 BOIES SCHILLER FLEXNER LLP
LINDA M. BURROW, State Bar No. 194668
[e-mail]
2
CRAIG H. BESSENGER, State Bar No. 245787
[e-mail]
3
FEIFEI B. JIANG, State Bar No. 301716
[e-mail]
4
725 South Figueroa Street, 31st Floor
5 Los Angeles, California 90017-5524
Telephone: [phone]
6 Facsimile: [phone]
Attorneys for Plaintiffs
7 DISNEY ENTERPRISES, INC.; LUCASFILM LTD.
LLC; LUCASFILM ENTERTAINMENT
8 COMPANY LLC; MARVEL CHARACTERS, INC.;
MVL FILM FINANCE LLC; NBCUNIVERSAL
9 MEDIA, LLC; UNIVERSAL CITY STUDIOS LLC;
WARNER BROS. ENTERTAINMENT INC.; and
10 SONY PICTURES ENTERTAINMENT INC.
11
12

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

13 DISNEY ENTERPRISES, INC. a
Delaware corporation; LUCASFILM
14 LTD. LLC, a California limited liability
company; LUCASFILM
15 ENTERTAINMENT COMPANY LLC,
a California limited liability company;
16 MARVEL CHARACTERS, INC., a
Delaware corporation; MVL FILM
17 FINANCE LLC, a Delaware limited
liability company; NBCUNIVERSAL
18 MEDIA, LLC, a Delaware limited
liability company; UNIVERSAL CITY
19 STUDIOS LLC, a Delaware limited
liability company; WARNER BROS.
20 ENTERTAINMENT INC., a Delaware
Corporation; and SONY PICTURES
21 ENTERTAINMENT INC., a Delaware
Corporation,
22
Plaintiffs,
v.
23
HOLLYWOOD ENTERTAINMENT
24 GROUP LLC, a Nevada Limited
Liability Company, d/b/a VIP
25 CONCIERGE, INC.; and CRAIG
BANASZEWSKI, an individual,
26
Defendants.
27

Case No. 2:16-cv-09432-JFW (MRWx)
ORDER ENTERING PERMANENT
INJUNCTION AGAINST
DEFENDANTS AND DISMISSING
ACTION WITH PREJUDICE
The Honorable John F. Walter
Trial Date:

October 24, 2017

28
Case No. 2:16-cv-09432-JFW (MRWx)
ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS
AND DISMISSING ACTION WITH PREJUDICE

1

THIS MATTER comes before the Court upon the Stipulation of plaintiffs

2 DISNEY ENTERPRISES, INC., LUCASFILM LTD. LLC, LUCASFILM
3 ENTERTAINMENT COMPANY LLC, MARVEL CHARACTERS, INC., MVL
4 FILM FINANCE LLC, NBCUNIVERSAL MEDIA, LLC, UNIVERSAL CITY
5 STUDIOS LLC, WARNER BROS. ENTERTAINMENT INC., and SONY
6 PICTURES ENTERTAINMENT INC. (collectively, along with the affiliates listed

B O I E S

S C H I L L E R

F L E X N E R

L L P

7 in Exhibit A hereto, referred to as the “Plaintiffs”), and defendants HOLLYWOOD
8 ENTERTAINMENT GROUP LLC d/b/a VIP CONCIERGE, INC. and CRAIG
9 BANASZEWSKI (collectively referred to as the “Defendants”) (Plaintiffs and
10 Defendants are collectively referred to as the “Parties”) for entry of a stipulated
11 permanent injunction and dismissal with prejudice (the “Order”).
12

Having considered the Complaint, Answer and the Stipulation of the Parties

13 in this action, the Court finds that:
14

1.

The Parties have stipulated and agreed to the entry of this Order.

15

2.

The Defendants waive all rights to seek judicial review or otherwise

16

challenge or contest the validity of their Stipulation hereto or this

17

Order.

18

3.

19
20

all parties hereto, and venue in this district is proper.
4.

21
22

This Court has jurisdiction over the subject matter of this case and over

The entry of this Order is in the public interest.
ORDER

IT IS THEREFORE ORDERED, ADJUDICATED AND DECREED that,

23 a permanent injunction shall be and hereby is entered against Defendants as follows:
24

1.

Defendants, and each of Defendants’ respective officers, agents,

25

servants, employees, successors and assigns, and all those acting in

26

concert or participation with any such persons, including any company

27

owned or controlled (now or in the future) by Craig Banaszewski, are

28
Case No. 2:16-cv-09432-JFW (MRWx)
-1[PROPOSED] ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS
AND DISMISSING ACTION WITH PREJUDICE

1

hereby PERMANENTLY enjoined from engaging in, or assisting

2

others in engaging in, the following conduct:

3

a.

Purchasing, selling or transferring, attempting to purchase, sell or

F L E X N E R

access to any events produced or presented by or affiliated with

7

S C H I L L E R

badge, credential or anything entitling or purporting to entitle

6

B O I E S

transfer, or soliciting the purchase, sale or transfer of, any ticket,

5

L L P

4

Plaintiffs.

8

b.

Offering to perform, attempting to perform, or performing any

9

act as an intermediary, broker or middleman relating to the

10

purchase, sale or transfer of tickets, badges, credentials or

11

anything entitling or purporting to entitle access to any future

12

events produced or presented by or affiliated with Plaintiffs.

13

c.

Advertising or publishing any offer to purchase, sell, transfer or

14

broker, or to otherwise act as an intermediary, broker or

15

middleman, relating to the purchase, sale or transfer of tickets,

16

badges, credentials or anything entitling or purporting to entitle

17

access to any future events produced or presented by or affiliated

18

with Plaintiffs.

19

d.

20
21

Gaining or attempting to gain unauthorized access to any future
events produced or presented by or affiliated with Plaintiffs.

e.

Participating in, aiding or facilitating, or attempting to participate

22

in, aid or facilitate, any effort by any person to gain unauthorized

23

access to any future events produced or presented by or affiliated

24

with Plaintiffs.

25

f.

Receiving any compensation, whether in money, in kind or

26

otherwise, for any of the acts described in paragraphs (a) through

27

(e) above;

28
Case No. 2:16-cv-09432-JFW (MRWx)
-2ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS
AND DISMISSING ACTION WITH PREJUDICE

1

g.

Using or displaying for any purpose any registered mark, or any

2

depiction, image, photograph, picture, illustration or other visual

3

representation containing any registered mark, which is owned

4

by Plaintiffs and/or any of their respective affiliates, including,

5

without limitation, as specified on Exhibit 1 attached hereto; and

6

h.

Using or displaying for any purpose any copyright-protected

B O I E S

S C H I L L E R

F L E X N E R

L L P

7

material, or any depiction, image, photograph, picture,

8

illustration or other visual representation containing any

9

copyright-protected material, which is owned by Plaintiffs and/or

10

any of their respective affiliates, including, without limitation, as

11

specified on Exhibit 2 attached hereto.

12

2.

Notwithstanding anything to the contrary herein, nothing contained

13

herein shall prohibit Defendants (and/or any of Defendants’ respective

14

officers, agents, servants, employees, successors and assigns, or those

15

acting in concert or participation with any such persons) from engaging

16

in any of the acts described in paragraphs 1.a. through 1.f. above solely

17

with respect to lawfully-obtained tickets to events that are otherwise

18

available for sale without restriction to the general public.

19

3.

Defendants, and each of Defendants’ respective officers, agents,

20

servants, employees, successors and assigns, and all those acting in

21

concert or participation with any such persons, including any company

22

owned or controlled (now or in the future) by Craig Banaszewski, agree

23

that if they violate the injunction by engaging in any of the acts

24

described in paragraphs 1.a. through 1.f., Defendants shall pay

25

Plaintiffs the sum of thirty-thousand dollars ($30,000) as liquidated

26

damages for each event for which Defendants engage in such acts. The

27

Parties agree that quantifying losses arising from a violation of the

28

injunction is inherently difficult, insofar as it may involve harm to
Case No. 2:16-cv-09432-JFW (MRWx)
-3ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS
AND DISMISSING ACTION WITH PREJUDICE

1

Plaintiffs’ reputations, and further stipulate that the agreed-upon sum is

2

not a penalty, but rather a reasonable measure of damages.

3
4

IT IS FURTHER ORDERED that the Court shall dismiss the action, with

5 prejudice, upon entry of the Permanent Injunction, with each party to bear its own
6 costs and attorneys’ fees.

B O I E S

S C H I L L E R

F L E X N E R

L L P

7

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this

8 matter for all purposes of construction, modification and enforcement of this Order.
9
10 DATED: June 20, 2017

SO ORDERED

11
12
13

Honorable John F. Walter
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 2:16-cv-09432-JFW (MRWx)
-4ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS
AND DISMISSING ACTION WITH PREJUDICE