Jazz Casual Productions, Inc. v. Byron et al

Filing 75

DEFAULT JUDGMENT in favor of Jazz Casual Productions, Inc. against Toby Byron, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 8/1/12. (lrc, COURT STAFF) (Filed on 8/2/2012)

Case4:11-cv-00352-SBA Document74 Filed07/25/12 Page1 of 2

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STEVEN AMES BROWN
Entertainment Law 83363
69 Grand View Avenue
San Francisco, California 94114-2741
415/647-7700 Tele
415/285-3048 Fax
[e-mail]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAZZ CASUAL PRODUCTIONS, INC.,
CIVIL NO. Cv. 11-00352 SBA (JCS)
Plaintiff,

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v.
TOBY BYRON, et al.,

XXXXXXXXXXX DEFAULT
[PROPOSED]
JUDGMENT BY COURT

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Defendants.
_________________________________/

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

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1. Defendant Toby Byron his officers, agents, servants, employees, and all

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persons acting in concert or participation with him, or any of them, shall be

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permanently enjoined from doing or attempting to do, or causing or be done, either

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directly or indirectly, by any means, method or device, whether presently known or

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hereafter to be devised, any and all of the following acts or practices: copying,

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publishing, selling, marketing, exhibiting or otherwise publicly utilizing any of the

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Case4:11-cv-00352-SBA Document74 Filed07/25/12 Page2 of 2

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pictures, sounds or dialogue embodied in the words protected by Certificate of

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Copyright Registration PAU 1 367 359, PAU 1 367 394, PAU 1 367 395 and PAU 1

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455 579.

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2. Without limiting the foregoing, the above-noted persons are enjoined from

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the manufacture, exhibition or sale of any copies of the works known as Count Basie:

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Swingin’ The Blues, Bluesland: A Portrait in American Music, or The World According

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to John Coltrane, so long as they contain any footage in violation of this injunction.

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3.

Plaintiff

Jazz

Casual

Production,

Inc.

shall

recover

from

Defendant Toby Byron, the sum of $102,000.00 as damages and costs of $530.00.

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4. Excluded from this injunction and the damages awarded herein, are any uses

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by Euro Arts Music International, GmbH and Naxos of America, Inc. (“Settling

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Parties”), as provided for in that certain Mutual Release and Settlement Agreement

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dated October 25, 2011, between Plaintiff and the Settling Parties.

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Dated: 8/1/12
________________________________________________

United States District Judge
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