Aquamen Entertainment, LLC v. Pigmental, LLC et al

Filing 62

STIPULATED PERMANENT INJUNCTION filed by Judge George H. Wu against defendants/counterclaimants Marina Martins, Pigmental, LLC. IT IS HEREBY ORDERED that the Pigmental Parties, along with Pigmental's officers, agents, servants, employees, and all those persons or entities acting in concert or participation with the Pigmental Parties, or either of them, shall be and hereby are PERMANENTLY ENJOINED and restrained from: (see document for further details). (mrgo)

Brandon M. Tesser, Esq. (SBN 168476)
1 TESSER | GROSSMAN, LLP
2 11990 San Vicente Blvd., Ste. 300
Los Angeles, California 90049
3 Tel: [phone]
Fax: [phone]
4 E-Mail: [e-mail]
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Attorneys for Plaintiff
6 Aquamen Entertainment LLC
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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) Case No CV 17-00058-GW(GJSx)
)
) STIPULATED PERMANENT
) INJUNCTION
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Plaintiff,
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v.
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PIGMENTAL, LLC aka PIGMENTAL )
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STUDIOS, LLC aka PIGMENTAL
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STUDIOS, INC. aka PIGMENTAL
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STUDIOS, a Delaware limited liability )
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company; MARINA MARTINS, an
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individual; and DOES 1 through 50,
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inclusive;
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Defendants.
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AND RELATED COUNTERCLAIM
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AND THIRD-PARTY COMPLAINT
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AQUAMEN ENTERTAINMENT,
LLC, a California limited liability
12 company,
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-1STIPULATED PERMANENT INJUNCTION

STIPULATED PERMANENT INJUNCTION

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The Court having considered the Stipulation for Permanent Injunction executed

3 between Plaintiff/Counterdefendant Aquamen Entertainment, LLC (“Aquamen”), on
4 the one hand, and Defendants/Counterclaimants Pigmental, LLC (“Pigmental”) and
5 Marina Martins (together, the “Pigmental Parties”), on the other hand,
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IT IS HEREBY ORDERED that the Pigmental Parties, along with Pigmental’s
7 officers, agents, servants, employees, and all those persons or entities acting in concert
8 or participation with the Pigmental Parties, or either of them, shall be and hereby are
9 PERMANENTLY ENJOINED and restrained from:
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(a) making any representations, written or oral, or otherwise suggesting that
11 the Pigmental Parties, or either of them, are currently working on, participating in the
12 development or production of, or otherwise involved in any way with the animated
13 feature film tentatively titled as Kong, The Origin (the “Picture”) in any capacity
14 whatsoever;
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(b)

displaying on Pigmental’s website, or on any other website and/or social

16 media platform maintained by the Pigmental Parties or either of them, any of the
17 elements created, prepared or produced for the Picture by the Pigmental Parties or by
18 any other person, or any other works now or hereafter protected by any of Aquamen’s
19 copyrights in or related to the Picture (collectively, the “Copyrighted Works”);
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(c)

making any other unauthorized publication, distribution, copying, use or

21 other exploitation of the Copyrighted Works;
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(d) engaging in any other activity constituting an infringement of any of
23 Aquamen’s copyrights in the Copyrighted Works, or of Aquamen’s rights in, or right
24 to use or to exploit those copyrights; and
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(e)

assisting, aiding, or abetting any other person or business entity in

27 engaging in or performing any of the activities referred to in paragraphs (a) through
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-2STIPULATED PERMANENT INJUNCTION

1 (d) above.
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(f)

For the sake of clarity, notwithstanding the foregoing, Pigmental Parties

3 have the right to acknowledge and present directly to third parties any development
4 artwork and audiovisual materials which were developed under the Pre-Production
5 contract as work-for-hire examples of Pigmental development work product. These
6 work-product examples may not be displayed on the internet or on any Pigmental
7 Parties’ owned or sponsored website, blog, or social media site.
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IT IS SO ORDERED.

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12 DATED: December 20, 2017
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__________________________________
GEORGE H. WU, U.S. District Judge

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Presented by:

17 Vincent Miller, Esq. (SBN 291973)
The Law Offices of Vincent Miller
18 16255 Venture Blvd., Suite 625
19 Encino, CA 91436
Telephone [phone]
20 [e-mail]
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Attorneys for Defendants/Counter22
claimants Pigmental, LLC and
23 Marina Martins
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Brandon M. Tesser, Esq. (SBN 168476)
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Tesser | Grossman, LLP
27 11990 San Vicente Blvd., Suite 300
Los Angeles, CA 90025
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-3STIPULATED PERMANENT INJUNCTION

1 Telephone [phone]
[e-mail]
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3 Attorneys for Plaintiff/CounterDefendant Aquamen Entertainment,
4 LLC
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-4STIPULATED PERMANENT INJUNCTION