Opinion
Case No. SACV12-2077 AG (RNBx)
07-06-2015
DONALD WAKEFIELD, Plaintiff, v. IGOR OLENICOFF and OLEN PROPERTIES CORP., Defendants,
JUDGMENT
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
For the reasons set forth in this Court's Order dated March 30, 2015 (Dkt. #120), Plaintiff Donald Wakefield is hereby granted judgment in his favor against Defendants Igor Olenicoff and Olen Properties Corp. on Plaintiff's claim for a permanent injunction.
Therefore, it is hereby ORDERED, ADJUDGED and DECREED that:
After receiving actual notice of the injunction by personal service or other wise
(1) Defendants, their officers, agents, servants, employees, and attorneys, who are in active concert with Defendants, are PERMANENTLY ENJOINED from infringing Plaintiff's copyrighted work known as Untitled; andSO ORDERED:
(2) Defendants are ORDERED to remove any and all photographs of the infringing works, Human Nature's Many Faces and A Tear Must Fall, from their websites, within one (1) month of entry of this Judgment; and
(3) Defendants are further ORDERED to destroy all copies of Human Nature's Many Faces and A Tear Must Fall, exclusive of the bases and the stainless steel tear drops in A Tear Must Fall, within eight (8) months of entry of this Judgment; and
(4) Within eight (8) months of entry of this Judgment, Defendants must file with the
Court and serve on Plaintiff a writing under oath declaring that they have complied with this destruction requirement and providing specific details of such compliance, including either videotape or date-stamped photographs showing the destruction; and
By: /s/_________
Hon. Andrew J. Guilford
DATED: JULY 6, 2015 p:\11500\11550\pleadings\proposed judgment 4-24-15.docx
(5) The sculpture located at 7 Corporate Plaza Drive, New Port Beach, California, is not included in this injunction to destroy in fringing work; and
(6) The Court expects strict compliance with this Judgment, unless the parties mutually agree other wiae.