AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 118

MOTION for Summary Judgment and Permanent Injunction by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Dennis Berry and Exhibits, #4 Declaration of Steven Cramer and Exhibits, #5 Declaration of James Golinveaux, #6 Declaration of Randy Jennings and Exhibit, #7 Declaration of Thomas O'Brien, Jr. and Exhibits, #8 Declaration of James Pauley and Exhibits, #9 Declaration of Kevin Reinertson, #10 Declaration of Stephanie Reiniche and Exhibits, #11 Declaration of James Thomas, #12 Declaration of Jordana Rubel and Exhibits - Part 1, #13 Declaration of Jordana Rubel and Exhibits - Part 2, #14 Declaration of Jordana Rubel and Exhibits - Part 3, #15 Declaration of Jordana Rubel and Exhibits - Part 4, #16 Declaration of Jordana Rubel and Exhibits - Part 5, #17 Text of Proposed Order and Injunction)(Fee, J.). Added MOTION for Permanent Injunction on 11/20/2015 (znmw).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING
AND MATERIALS d/b/a/ ASTM
INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR
CONDITIONING ENGINEERS,

Case No. 1:13-cv-01215-TSC

Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/
Counter-Plaintiff.
PROPOSED ORDER AND INJUNCTION
Having reviewed the record and the applicable law, IT IS HEREBY ORDERED that
Plaintiffs’ Motion for Summary Judgment and Permanent Injunction is GRANTED. The Court
finds that Defendant infringed Plaintiffs’ copyrights and trademarks when it copied Plaintiffs’
standards and posted its copies of Plaintiffs’ standards on the internet.
Having determined that Defendant’s actions constitute copyright and trademark
infringement, the Court also finds that a permanent injunction is necessary. Plaintiffs have been
and will continue to be irreparably harmed by Defendant’s actions and Plaintiffs’ harm is not
redressable through remedies available at law. In contrast to the harm that will result to
Plaintiffs from the continued availability of their standards on the internet with no restrictions,
Defendant will suffer no harm if it must cease its infringing activities. The public interest will
also be served from the entry of an injunction.

It is therefore hereby ORDERED that, within 5 days of the date of this Order, Defendant
remove all versions of standards owned by Plaintiffs from its website, the Internet Archive, and
any other website within its possession, custody or control.
It is further ORDERED that, within 5 days of the date of this Order, Defendant destroy
all copies of Plaintiffs’ standards that were made by Defendant or its agents, servants, employees
and all those in active concert with Defendant.
It is further ORDERED that Defendant, its officers, agents, servants, employees and
attorneys, and all those in active concert with it or in participation with it, be permanently
restrained and enjoined from:
(1) All further unauthorized reproduction, distribution and/or display of versions of
Plaintiffs’ standards by any means or method and from preparation of derivative works
based upon any standards published by Plaintiffs; and
(2) All use of any trademarks owned by Plaintiffs, as well as any colorable imitations
thereof or confusingly similar marks.
It is further ORDERED that Defendant shall post this Order at the top of the home page
(www.law.resource.org) in 12-point type or larger within 5 days of the date of this Order, for a
period of not less than two years.
It is further ORDERED that Defendant shall file a declaration under penalty of perjury
state that it has complied with the requirements set forth above within 10 days of the date of this
Order.
IT IS SO ORDERED.
Dated: ________________

_________________________________
TANYA S. CHUTKAN
UNITED STATES DISTRICT JUDGE