Opinion
1:23-cv-01329
09-11-2023
COMMUNICATIONS CO., INC., Plaintiff, v. BELLY MELLY, LLC, Defendant.
AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION
JEREMY C. DANIEL United States District Judge.
THIS CAUSE is before the Court upon agreement by plaintiff Prepared Food Photos, Inc. f/k/a Adlife Marketing & Communications Co., Inc. (“Plaintiff”') and defendant Belly Melly, LLC (“Defendant”).
Accordingly, judgment is hereby entered in favor of Plaintiff and against Defendant as follows:
1. The Court finds that Plaintiff is the owner of the photograph titled “ChickenFriedDinner004” (the “Work”) and that Defendant displayed the Work on its website without Plaintiff's permission/license. As a result, the Court finds that such unauthorized display constitutes copyright infringement under 17 U.S.C. § 501 et seq.
2. Defendant, its employees, agents, officers, directors, attorneys, successors, affiliates, subsidiaries and assigns, and all those in active concert and participation with Defendant are permanently enjoined from (a) directly or indirectly infringing Plaintiff's copyright or continuing to market, offer, sell, dispose of, license, lease, transfer, publicly display, advertise, reproduce, develop, or manufacture any work derived or copied from Plaintiff's copyrighted
photograph or to participate or assist in any such activity; and (b) directly or indirectly reproducing, displaying, distributing, otherwise using, or retaining any copy, whether in physical or electronic form, of any copyrighted photograph owned by Plaintiff.
3. Plaintiff has agreed to not seek an award of prevailing party fees/costs and/or monetary relief/damages in connection with this Final Judgment and, as a result, this matter will henceforth be closed.
4. The Court will retain jurisdiction to enforce the Final Judgment and Permanent Injunction.
DONE AND ORDERED.