Car-Freshner Corporation et al v. Getty Images, Inc.

Filing 71

JUDGMENT in favor of Car-Freshner Corporation and Julius Samann Ltd. against Getty Images (US), Inc., Getty Images, Inc. (lmw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CIVIL JUDGMENT
CAR-FRESHNER CORPORATION. and
JULIUS SAMANN, LTD.,
Plaintiffs,
vs.

CASE NUMBER: 7:09-cv-1252 (GTS/DEP)

GETTY IMAGES, INC. and
GETTY IMAGES (US), INC.,
Defendants.
Pursuant to Plaintiffs’ letter of acceptance of Defendants’ Offer of Judgment
dated June 20, 2012 (Dkt. No. 68), this Judgment is entered in favor of Plaintiffs as
against Defendants as follows:
1.

Defendants shall pay to Plaintiffs the amount of One Hundred Thousand
Dollars ($100,000.00), including costs accrued prior to the date hereof;

2.

Defendants shall cease offering to license for commercial, non-editorial
purposes any images or products depicting (a) intellectual property related
to the Little Trees air fresheners (the “IP”), owned by Julius Samann Ltd.
(“JSL”) or (b) products manufactured and distributed by Car-Freshner
Corporation (“CFC”) that incorporate the IP (the “Products”);

3.

Defendants shall instruct their submitting photographers and filmmakers,
content providers and those members of their staff responsible for
approving content submissions that JSL is the owner of the IP, and that
images and products containing the IP shall not be licensed for
commercial use; and Defendants shall conduct quarterly reviews of their
content to ensure compliance with the terms of this Judgment;

4.

In the event that Defendants violate the terms of this Judgment,
Defendants shall pay to Plaintiffs Ten Thousand Dollars ($10,000.00) in
liquidated damages per violation of the terms of this Judgment, in addition
to reasonable attorneys’ fees and costs associated with any action
required to enforce this Judgment, provided that it shall not be grounds for
any payment of damages, fees or costs if Defendants correct the violation
and remove an image causing such violation from all websites under their
control within 5 business days after Defendants’ legal department receives
effective notice (i.e., notice that includes an asset number and/or link to

the relevant image on Defendants’ websites) from JSL or CFC (or within
90 days, in any case involving use by a third-party distributor outside of
the United States) that display or license of such image violates the terms
of this Judgment;
5.

Defendants shall remit to Plaintiffs 100% of all revenue accruing to
Defendants from the license of any images incorporating the IP for
commercial usage after the date of this Judgment.

6.

The parties shall grant each other a full and mutual release.

7.

Through their Offer of Judgment, Defendants have not made any
admission that they are liable in this action, or that Plaintiffs have suffered
any damage.

IT IS ORDERED AND ADJUDGED.
DATED:

June 28, 2012

s/ L. Welch
Deputy Clerk