The Pokemon Company International Inc v. Crystal Carvings LLC et al

Filing 20

FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS CRYSTAL CARVINGS, LLC AND CLIFFORD NAIMAN by Judge Marsha J. Pechman. (AD)

HONORABLE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE POKÉMON COMPANY
INTERNATIONAL, INC., a Delaware
corporation,
Plaintiff,

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v.

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Case No. 2:16-cv-00122-MJP
FINAL JUDGMENT AND PERMANENT
INJUNCTION AGAINST DEFENDANTS
CRYSTAL CARVINGS, LLC AND
CLIFFORD NAIMAN

CRYSTAL CARVINGS, LLC, a Kentucky
limited liability company; CLIFFORD
NAIMAN, an individual,

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Defendants.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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FINDINGS AND CONCLUSIONS

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1.

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This is an action for copyright infringement under the Copyright Act, 17 U.S.C.

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§ 101 et seq. In the Complaint, Plaintiff The Pokémon Company International, Inc. (“TPCi”)

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sought, among other relief, injunctive relief under 17 U.S.C. § 502.
2.

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The Court has original subject matter jurisdiction over this action under 28 U.S.C.

§§ 1331 and 1338. Venue is proper in this Court under 28 U.S.C. § 1391(b).
3.

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The Complaint alleges, in part, that Defendants Clifford Naiman and his entity

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Crystal Carvings, LLC (“Defendants”), copied, reproduced, displayed and distributed TPCi’s

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copyrighted Pokémon works without authorization, thereby infringing TPCi’s copyrighted

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works.

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[PROPOSED] FINAL JUDGMENT AND
PERMANENT INJUNCTION
(Case No. 2:16-cv-00122-MJP) – 1

focal PLLC
900 1st Ave. S., Suite 203
Seattle, Washington 98134
telephone [phone]
fax [phone]

FINAL JUDGMENT

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Judgment is entered in favor of TPCi and against Defendants.

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INJUNCTION

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1.

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For the purposes of this Permanent Injunction, the following definitions apply:
(a)

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“Copyrighted Work” shall mean any work, or portion thereof, whether

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now in existence or later created, in which TPCi, or a parent, subsidiary or affiliate of TPCi owns

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or controls a valid and subsisting exclusive right under the Copyright Act, 17 U.S.C. § 101 et

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seq.
(b)

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“Infringing Work” shall mean any unauthorized scan, copy, reproduction,

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counterfeit, derivative work or other colorable imitation of the Copyrighted Works or any part

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thereof. “Infringing Works” include “Poké Balls,” as defined below.
(c)

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“Poké Ball” refers to a glass or other transparent sphere manufactured and

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sold by Defendants or at their direction, which contains a reproduction or manifestation of a

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Pokémon character or images, including but not limited to the Pokémon Poké Ball and the

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Pokémon characters Pikachu, Charizard, Dragonite, Scyther, Mewtwo, Arcanine, Gengar, Eevee,

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Mew, Blastoise, Squirtle, Bulbasaur, and Charmander.
(d)

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2.

“Days” means calendar days, unless otherwise specified.

Defendants and their agents, servants, employees, assigns, and all those in active

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concert or participation with any of them (“Enjoined Parties”), who receive actual notice of this

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Permanent Injunction by personal service or otherwise, are ORDERED and ENJOINED as

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follows:

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(a)

Effective immediately upon the entry of this Permanent Injunction, the

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Enjoined Parties are permanently enjoined from infringing the Copyrighted Works, either

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directly or contributorily, including generally but not limited to, by copying, reproducing,

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displaying, promoting, marketing, advertising, offering for sale or otherwise disposing of or

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distributing any Infringing Work.

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(b)

Effective immediately upon entry of this Permanent Injunction, the

[PROPOSED] FINAL JUDGMENT AND
PERMANENT INJUNCTION
(Case No. 2:16-cv-00122-MJP) – 2

focal PLLC
900 1st Ave. S., Suite 203
Seattle, Washington 98134
telephone [phone]
fax [phone]

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Enjoined Parties shall cease any and all distribution, marketing, advertising, or other promotional

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activity with respect to any Infringing Work.
(c)

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Effective immediately upon the entry of this Permanent Injunction, the

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Enjoined Parties are permanently enjoined from inducing, aiding, abetting, contributing to, or

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otherwise assisting anyone in infringing upon any Copyrighted Work.
(d)

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Defendants shall remove all advertisements or online promotion for any Infringing Works.
(e)

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Within seven (7) days of the entry of this Permanent Injunction,

Within thirty (30) days of the entry of this Permanent Injunction,

Defendants shall destroy each and every piece of Infringing Work that is in their possession or
control.
(f)

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Within thirty (30) days of the entry of this Permanent Injunction,

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Defendants shall provide an affidavit to TPCi, signed under penalty of perjury, certifying that

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they have complied with the removal and destruction of the Infringing Works as ordered herein.
3.

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If TPCi believes that Defendants have violated any provision of this Permanent

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Injunction, TPCi will provide Defendants with written notice of the alleged violation and

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Defendants will have five (5) business days after receipt of the notice to cure the alleged

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violation. If the alleged violation is not cured by the expiration of this 5-day period, TPCi may

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pursue any and all actions and relief in connection with the alleged violation.
BINDING EFFECT

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IT IS FURTHER ORDERED that this Permanent Injunction shall be binding upon and

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inure to the benefit of the parties and all successors, assigns, parent entities, subsidiaries,

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officers, directors, members, shareholders, distributors, agents, affiliates, and all other persons

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who are in active concert or participation with anyone described herein, who receive actual

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notice of this Permanent Injunction by personal service or otherwise.

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//

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//

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//
[PROPOSED] FINAL JUDGMENT AND
PERMANENT INJUNCTION
(Case No. 2:16-cv-00122-MJP) – 3

focal PLLC
900 1st Ave. S., Suite 203
Seattle, Washington 98134
telephone [phone]
fax [phone]

RETENTION OF JURISDICTION

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IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action for
purposes of construing, modifying, and enforcing this Permanent Injunction.

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IT IS SO ORDERED.

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DATED this 8th day of April, 2016.

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A

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Marsha J. Pechman
United States District Judge

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[PROPOSED] FINAL JUDGMENT AND
PERMANENT INJUNCTION
(Case No. 2:16-cv-00122-MJP) – 4

focal PLLC
900 1st Ave. S., Suite 203
Seattle, Washington 98134
telephone [phone]
fax [phone]