RONNIE VAN ZANT, INC., et al. v. ARTIMUS PYLE (a/k/a THOMAS D. PYLE), et al.
Filing
73
OPINION AND ORDER: The annexed Judgment, dated September 13, 2017, is appropriate to ensure continued adherence to the Consent Order's strictures, which include circumscribed use of the name Lynyrd Skynyrd and name, likeness, portrait, pictu re, performances, or biographical material of Ronald Van Zant or Steven Gaines. This relief is focused on the protection of Plaintiffs' rights, which have been violated by Defendants' film in its present form. Defendants were appropriat ely charged with the clear terms of the Consent Order by July 2016. The actions of all Defendants thereafter continued to violate the "in concert or participation with" portions of the Consent Order as detailed in the Opinion and, as violators of the Consent Order, they are bound by its terms, including with respect to attorneys' fees. (See Opinion at 4-6, 40-42, 61-62.) It is so ordered. (Signed by Judge Robert W. Sweet on 9/13/2017) (anc)
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USDCSDNY
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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17 Civ. 3360 (RWS)
Plaintiffs,
OPINION AND ORDER
- against ARTIMUS PYLE, et al.,
Defendants.
----------------------------------------x
Sweet, D.J.
In its Opinion and Order dated August 23, 2017 (the "Opinion,"
Dkt.
No.
61),
Cleopatra
the Court determined,
Records,
Inc.
("Cleopatra
(together with Cleopatra Records,
that Defendants
inter alia,
Records") ,
"Cleopatra"),
Cleopatra
Films
and Artimus Pyle
("Pyle" and, together with Cleopatra, the "Defendants") engaged in
actions in violation of the Consent Order,
Judgment,
and Decree
dated October 11, 1988 (the "Consent Order"). The Court concluded
further that Plaintiffs Ronnie Van Zant, Inc., Gary R. Rossington,
Johnny Van
Zant,
Collins Trust,
the
personal
(collectively,
Barbara Houston,
as
the
Trustee
of the Allen
and Alicia Rapp and Carinna Gaines Biemiller,
representatives
the
of
"Plaintiffs")
the
were
estate
of
entitled
injunction and an award of reasonable attorneys'
(See Opinion at 1.)
Steven
to
a
lt1
I
1
. . ~t"W:.J
----
RONNIE VAN ZANT, INC., et al.,
1
11
gJ
l·. ,J;.L,,. .
Lo-
~D
·
as
Gaines
permanent
fees and costs.
On August 30,
2017,
the Court requested the parties submit
proposed judgment language and attorneys'
No.
68. )
( Dkt.
The conflicting proposed judgments and authorities
support have been received.
The
fees and costs.
annexed
Judgment,
in
(See Dkt. Nos. 69, 71, 72.)
dated
September
13,
2017,
is
appropriate to ensure continued adherence to the Consent Order's
strictures,
which include circumscribed use of the name Lynyrd
Skynyrd and name,
likeness,
portrait,
picture,
performances,
biographical material of Ronald Van Zant or Steven Gaines.
relief is focused on the protection of Plaintiffs'
rights,
or
This
which
have been violated by Defendants' film in its present form.
The requested destruction of Defendants'
film is denied at
this time without prejudice to renewal in the event that any use
of the film is alleged to violate the Judgment.
Defendants were appropriately charged with the clear terms of
the Consent Order by July 2016.
The actions
of all
thereafter continued to violate the "in concert or
Defendants
participat~on
with" portions of the Consent Order as detailed in the Opinion
and,
as violators of the Consent Order,
they are bound by its
terms, including with respect to attorneys'
4-6,
40-42,
fees.
(See Opinion at
61-62 . )
It is so ordered.
New York, NY
September
/J , 2017
U.S.D.J.
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