Habersham Plantation Corporation et al v. Art & Frame Direct, Inc., et al

Filing 233

PERMANENT INJUNCTION. Signed by Judge James I. Cohn on 12/15/2011. (prd)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-61532-CIV-COHN
HABERSHAM PLANTATION CORPORATION,
a Georgia corporation, and HABERSHAM
INVESTMENT PARTNERSHIP, L.P., a
Georgia corporation,

Magistrate Judge Seltzer

Plaintiffs,
v.
ART & FRAME DIRECT, INC., a Florida corporation,
WORLD OF DECOR, INC., a California corporation,
THE LIQUIDATION STATION INC., GLOBAL
IMPORTING, INC., WORLD OF DECOR BLUE
HERON, LLC, CLOSING FOREVER, LLC,
DECORATOR’S RESERVE, INC., ART & FRAME
DIRECT/TIMELESS INDUSTRIES GEORGIA, INC.,
WORLD OF DECOR, INC., a Florida corporation,
Defendants.
__________________________________________/
PERMANENT INJUNCTION
THIS CAUSE came before the Court upon the separate Order Granting in Part
Plaintiffs’ Motion for Entry of Permanent Injunction [DE 232]. The Court having
determined that a permanent injunction is appropriate following the jury’s verdict finding
that Defendants infringed Plaintiffs’ copyright rights in thirteen of sixteen asserted
designs, namely, the Central Park Queen Bed, the Central Park 3 Drawer Chest, the
Biltmore Pedestal, the Valencia 60" Dining Table, the Chateau Sideboard/Curio, the
Chantepie Kitchen Island, the Belmont Bookcase, the Harvest Table, the Knightsbridge
Home Office, the Lancelot Hutch, the Marseille Library, the Preston Corner Cabinet,
and the Southhampton Chest (collectively, the “Infringed Designs”).

Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Each of Defendants Art & Frame Direct, Inc., a Florida corporation, World of
Decor, Inc., a California corporation, The Liquidation Station Inc., Global
Importing, Inc., World of Decor Blue Heron, LLC, Closing Forever, LLC,
Decorator’s Reserve, Inc., Art & Frame Direct/timeless Industries Georgia, Inc.,
and World of Decor, Inc., a Florida corporation, and each of Defendants’
principals, officers, directors, agents, servants, and employees, as well as any
successors and/or assigns of any of Defendants, and all entities acting in privity,
concert or participation with any of Defendants, shall be and are hereby
permanently enjoined from:
a.

Imitating, copying, duplicating, reproducing, manufacturing, having
manufactured, importing, exporting, selling, offering to sell, advertising,
marketing and/or promoting any of Defendants’ products which have been
found by the jury to infringe the Infringed Designs;

b.

Imitating, copying, duplicating, reproducing, manufacturing, having
manufactured, importing, exporting, selling, offering to sell, advertising,
marketing and/or promoting any product which is copied or derived from
any one or more of the Infringed Designs;

2.

Within 90 days from the date of entry of this Order, Defendants shall destroy, in
the presence of a representative of Plaintiffs, all products found by the jury to be
copies of the Infringed Designs, which are in Defendants’ possession, custody or
control, unless the parties agree to another arrangement in writing, including but
not limited to donating the furniture as suggested in the Court’s Order;
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3.

The rights, benefits and obligations under this Permanent Inunction shall inure to
the parties hereto as well as to their respective representatives, successors and
assigns, and shall be binding upon each of said parties hereto, as well as their
respective representatives, successors and assigns;

4.

Defendants are advised that any violation of this Permanent Injunction may be
viewed as a contempt of court.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,

this 15th day of December, 2011.

copies to:
counsel of record on CM/ECF

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