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

Filing 198

MOTION for Summary Judgment 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 Appendix A, # 3 Statement of Facts, # 4 Annex A, # 5 Declaration Jane W. Wise, # 6 Exhibit 1-29, # 7 Exhibit 30-44, # 8 Exhibit 45-66, # 9 Exhibit 67-81, # 10 Exhibit 82-109, # 11 Exhibit 110-125, # 12 Exhibit 126-140, # 13 Exhibit 141-148, # 14 Exhibit 149, # 15 Exhibit 150 Part 1, # 16 Exhibit 150 Part 2, # 17 Exhibit 150 Part 3, # 18 Exhibit 150 Part 4, # 19 Exhibit 150 Part 5, # 20 Exhibit 150 Part 6, # 21 Exhibit 150 Part 7, # 22 Exhibit 150 Part 8, # 23 Exhibit 150 Part 9, # 24 Exhibit 150 Part 10, # 25 Exhibit 150 Part 11, # 26 Exhibit 150 Part 12, # 27 Exhibit 150 Part 13, # 28 Exhibit 150 Part 14, # 29 Exhibit 150 Part 15, # 30 Exhibit 151 Part 1, # 31 Exhibit 151 Part 2, # 32 Exhibit 151 Part 3, # 33 Exhibit 152 Part 1, # 34 Exhibit 152 Part 2, # 35 Exhibit 152 Part 3, # 36 Exhibit 152 Part 4, # 37 Exhibit 152 Part 5, # 38 Exhibit 153 Part 1, # 39 Exhibit 153 Part 2, # 40 Exhibit 154-156, # 41 Exhibit 157, # 42 Exhibit 158, # 43 Exhibit 159, # 44 Exhibit 160, # 45 Exhibit 161, # 46 Exhibit 162, # 47 Exhibit 163, # 48 Exhibit 164-173, # 49 Declaration James S. Thomas and Exs. 1-9, # 50 Declaration James Pauley, # 51 Exhibit A-V, # 52 Exhibit W-OO, # 53 Declaration Stephanie Reiniche and Exs. 1-2, # 54 Declaration Christopher Butler, # 55 Text of Proposed Order Proposed Order and Injunction)(Fee, J.). Added MOTION for Permanent Injunction on 10/8/2019 (ztd).

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 and that Defendant has no valid defense, 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.
It is therefore hereby ORDERED that, within 5 days of the date of this Order, Defendant
shall remove all versions of copyrighted standards owned by Plaintiffs from its website, the
Internet Archive, and any other website where Defendant has posted Plaintiffs’ standards.

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 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