Opinion
MARK S. LEE (State Bar No. 094103), SETH H. REAGAN (State Bar No. 279368), MANATT, PHELPS & PHILLIPS, LLP, KENNETH M. KAUFMAN (State Bar No. 053894) MANATT, PHELPS & PHILLIPS, LLP Attorneys for Plaintiff THE RICHARD AVEDON FOUNDATION
FRANK N. LEE (State Bar No. 122230), FRANK N. LEE LAW OFFICES, Attorneys for Defendant, Cross-Complainant, and Cross-Defendant CENTRAL MILLS, INC. dba FREEZE AND RELATED CROSS-ACTIONS.
[PROPOSED1ORDER RE PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE OF CLAIMS
The Court, having considered Plaintiffs and Defendant Central Mills, Inc. dba Freeze's Stipulation to Permanent Injunction and Dismissal With Prejudice of All Unajudicated Claims, and finding good cause therefor, IT IS HEREBY ORDERED that Defendant Central Mills, Inc. dba Freeze, and all those acting under their direction or control or acting in concert with them, including without limitation officers, directors, employees, agents, successors, licensees, representatives and assigns, are permanently enjoined from:
1. Engaging in any reproduction of the Foundation's copyrighted photograph, "Dovima with Elephants" (identified in U.S. Copyright Registration Nos. B: 552815 and RE: 194-009), including, but not limited to:
a. producing, or causing to be produced, T-shirts bearing "Dovima with Elephants" or any image substantially similar thereto;
b. producing, or causing to be produced, other merchandise bearing "Dovima with Elephants" or any image substantially similar thereto;
2. Engaging in any distribution of the Foundation's copyrighted photograph, "Dovima with Elephants, " including, but not limited to:
a. selling, or causing to be sold, T-shirts bearing "Dovima with Elephants" or any image substantially similar thereto;
b. selling, or causing to be sold, other merchandise bearing "Dovima with Elephants" or any image substantially similar thereto;
3. Engaging in any public display of the Foundation's copyrighted photograph, "Dovima with Elephants, " including, but not limited to:
a. displaying on the internet and/or in in-store displays, or causing to be displayed on the internet and/or in in-store displays, images of T-shirts bearing "Dovima with Elephants" or any image substantially similar thereto; and
b. displaying on the internet and/or in in-store displays, or causing to be displayed on the internet and/or in in-store displays, images of other merchandise bearing "Dovima with Elephants" or any image substantially similar thereto.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction to enforce the permanent injunction entered herein, that all other claims asserted by the Plaintiff against said Defendant are dismissed with prejudice, and that the parties shall each pay their own legal fees and costs incurred in connection with this action.
IT IS SO ORDERED.