The Honorable James P. Donohue 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 12 THE POKÉMON COMPANY INTERNATIONAL, INC., a Delaware corporation, Plaintiff, 13 14 15 No. 2:15-cv-01372-JPD FINAL JUDGMENT AND PERMANENT INJUNCTION v. RAMAR LARKIN JONES; ZACH SHORE; and RUCKUS PRODUCTIONS, 16 Defendants. 17 18 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that FINDINGS AND CONCLUSIONS 19 20 1. This is an action for copyright infringement under the Copyright Act, 17 U.S.C. 21 § 101 et seq. In the Complaint, Plaintiff The Pokémon Company International, Inc. (“TPCi”) 22 sought, among other relief, injunctive relief under 17 U.S.C. § 502. 23 24 2. 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). 25 26 27 FINAL JUDGMENT AND PERMANENT INJUNCTION (2:15-cv-01372-JPD) - 1 DWT 27886547v3 0087890-000027 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax 3. 1 The Complaint alleges, in part, that Defendants copied, reproduced, displayed 2 and distributed TPCi’s copyrighted Pokémon works without authorization, thereby infringing 3 TPCi’s copyrighted works. 4 4. 5 Jones (“Jones”). 6 5. 7 prejudice. 8 6. 9 Defendant Ruckus Productions is a trade name used by Defendant Ramar Larkin TPCi has previously dismissed its claims against Defendant Zach Shore without TPCi is the prevailing party in this action within the meaning of 17 U.S.C. § 505. FINAL JUDGMENT 10 Judgment is entered in favor of TPCi and against Jones, individually and doing business 11 12 as Ruckus Productions (“Defendant Jones”). INJUNCTION 13 14 1. For the purposes of this Permanent Injunction, the following definitions apply: (a) 15 “Copyrighted Work” shall mean any work, or portion thereof, whether 16 now in existence or later created, in which TPCi, or a parent, subsidiary 17 or affiliate of TPCi owns or controls a valid and subsisting exclusive 18 right under the Copyright Act, 17 U.S.C. § 101 et seq. (b) 19 “Infringing Work” shall mean any unauthorized scan, copy, 20 reproduction, counterfeit, derivative work or other colorable imitation of 21 the Copyrighted Works or any part thereof. (c) 22 23 2. “Days” means calendar days, unless otherwise specified. Defendant Jones and his agents, servants, employees, assigns, and all those in 24 active concert or participation with any of them (“Enjoined Parties”), who receive actual notice 25 of this Permanent Injunction by personal service or otherwise, are ORDERED and ENJOINED 26 as follows: 27 FINAL JUDGMENT AND PERMANENT INJUNCTION (2:15-cv-01372-JPD) - 2 DWT 27886547v3 0087890-000027 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax (a) 1 Effective immediately upon the entry of this Permanent Injunction, the 2 Enjoined Parties are permanently enjoined from infringing the 3 Copyrighted Works, either directly or contributorily, including generally 4 but not limited to, by copying, reproducing, displaying, promoting, 5 marketing, advertising, offering for sale or otherwise disposing of or 6 distributing any Infringing Work. (b) 7 Effective immediately upon the entry of this Permanent Injunction, the 8 Enjoined Parties are permanently enjoined from inducing, aiding, 9 abetting, contributing to, or otherwise assisting anyone in infringing upon any Copyrighted Work. 10 (c) 11 Within seven (7) days of the entry of this Permanent Injunction, 12 Defendant Jones shall remove from websites, including but not limited to 13 Facebook.com and Eventbrite.com, all Infringing Works that he has 14 posted there. (d) 15 Within seven (7) days of the entry of this Permanent Injunction, 16 Defendant Jones shall delete or destroy each and every copy of an 17 Infringing Work in their possession, custody or control. (e) 18 Within fourteen (14) days of the entry of this Permanent Injunction, 19 Defendant Jones shall deliver to Stuart R. Dunwoody, Davis Wright 20 Tremaine LLP, Suite 2200, 1201 Third Avenue, Seattle, Washington 21 98101-3045, counsel for TPCi in this matter, a declaration signed under 22 penalty of perjury in compliance with 28 U.S.C. § 1746, certifying that 23 he has complied with the removal and destruction of the Infringing 24 Works as ordered herein. 25 26 27 3. If TPCi believes that Defendant Jones has violated any provision of this Permanent Injunction, TPCi will provide him with written notice of the alleged violation and FINAL JUDGMENT AND PERMANENT INJUNCTION (2:15-cv-01372-JPD) - 3 DWT 27886547v3 0087890-000027 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax 1 Defendant Joneswill have three (3) days after receipt of the notice to cure the alleged violation. 2 If the alleged violation is not cured by the expiration of this 3-day period, TPCi may pursue any 3 and all actions and relief in connection with the alleged violation. BINDING EFFECT 4 5 IT IS FURTHER ORDERED that this Permanent Injunction shall be binding upon and 6 inure to the benefit of the parties and all successors, assigns, parent entities, subsidiaries, 7 officers, directors, members, shareholders, distributors, agents, affiliates, and all other persons 8 who are in active concert or participation with anyone described herein, who receive actual 9 notice of this Permanent Injunction by personal service or otherwise. AWARD OF COSTS AND ATTORNEY’S FEES 10 11 IT IS FURTHER ORDERED that, pursuant to 17 U.S.C. § 505, judgment is entered in 12 favor of The Pokémon Company International, Inc. and against Ramar Larkin Jones, 13 individually and doing business as Ruckus Productions, in the amount of Five Thousand Four 14 Hundred Dollars and Zero Cents ($5,400.00) for costs, including a reasonable attorney’s fee. RETENTION OF JURISDICTION 15 16 17 IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action for purposes of construing, modifying, and enforcing this Permanent Injunction. 18 IT IS SO ORDERED. 19 DATED this ____ day of September, 2015. 20 21 United States District Judge 22 23 24 25 26 27 FINAL JUDGMENT AND PERMANENT INJUNCTION (2:15-cv-01372-JPD) - 4 DWT 27886547v3 0087890-000027 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax c004 lU Fresenled by: Dans anhl Tremame LLF Anome) for Flamuff The Poke'mon Company lnlemauonal. Inc. B). s/Sluan R. oodv Swan R, Duxmoody. WSBA #13948 1201 Avenua Smle 2200 WA 98101-3045 Tel: (206)757-8034 Fax: (205)757--7034 Emafl: smandummom:> VUIR7ZJFD) 5 2123mm 00878907000027 Dans My" I I um um Mm mm>> mm. mum Immz: mo mm