Conan Properties International, LLC v. Tim Underwood et al
Filing
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CONSENT JUDGMENT AND ORDER by Judge Philip S. Gutierrez: CPI shall have judgment on the Complaint as set forth herein: Judgment in this action shall enter as follows: CPI owns all rights, title and interest in the following stories protected by Unite d States copyright registrations: "Black Colossus" (reg. no. B 211 038;renewal no. R 269 994), "Phoenix on the Sword" (reg. no. B 175731; renewal no. R 250145), "Rogues in the House" (reg. no. B 246 430; renewal no. R 27 0001), "Scarlet Citadel" (reg. no. B 175732; renewal no. R 250146), "Tower of the Elephant" (reg. no. B 211 035; renewal no. R 269 991), and "Vale of Lost Women" (reg. no. B 345 804; renewal no. RE 673 166), (the "C opyrighted Stories''). CPI owns all intellectual property rights, title and interest in those paintingsby Clemente commissioned by Charter Communications, Inc. for use as cover arton certain "Conan" books licensed to Charter by CP I and published under Charter's"Ace" imprint (the "Ace Covers''). CPI owns trademark registrations worldwide for the trademarks CONAN andCONAN THE BARBARIAN. including, inter alia, the following United Statestrademark re gistration numbers for the trademark CONAN: 78325581, 78806704,75436514, and 74369670 in Class 9; 1374714.3607668, and 2522082 in Class 16;73112519 and 78806775 in Class 25; 78806795 and 73282331 in Gass 28;78806841 in Class 41; and United States tra demark registration number 2522083 inClass 16 for the mark CONAN THE BARBARIAN (collectively, the "ConanMarks"). CPI also owns nearly one hundred (100) international registrations forCONAN, CONAN THE BARBARIAN, and other CONAN-formative tra demarks. CPI owns all right, title and interest in the fictional character "Conan:' alkJa "Conan the Barbarian," created by the author Robert E. Howard in the 19208 (the "Conan Character"). Defendants are enjoined from c reating, publishing, selling in and/or importing into the United States any books (including, but not limited to, reprinting of Sword's Edge), containing the Copyrighted Stories, or any other stories containing the Conan Character owned by CPI, the Ace Covers, the Conan Marksand the Conan Character, except by license. Defendants, and each of them, are permanently enjoined from reproducing, distributing or otherwise infringing the Copyrighted Stories, or any other storiescontaining the Conan Character owned by CPl. the Ace Covers, the Conan Marks and/or the Conan Character by, including without limitation, reproducing, distributing or otherwise using the Copyrighted Stories, the Ace Covers, the Conan Marks, and any depiction of the Cona n Character in the United States, except by license. Defendants are permanently enjoined from directly or indirectly using the name "Conan," the Conan Marks, and/or the Conan Character or any other mark, word or name similar thereto which i s likely to cause confusion, mistake or to deceive, as to rights held by CPI, except by license. Judgment enter for CPI on the complaint as set forth herein. The Parties shall each bear its own costs in this matter. (See document for further details) (ir)
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Sacha V. Emanuel (Bar No. 218705)
Sacha V. Emanuel (BarNo.2t8705)
Attome)' at Law
Attonw atlaw
10250 Constellation Boulevar<k Suite 2320
L0250 Constcllation Boulevard. Suite 2320
E-FILED 09/14/11
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Centu.:rY City, California 9006,
efftd'yLriy,q6!!i[4ffi?
Telephone: (310) 525-3568
iiiill6nil"1'gi6'l*iCtisiB
svemanul@aol.coID
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Attorneys for Plaintiff
Attornevs for Plaintiff
Conan Properties International, LLC
Conan Properties International, Lrc
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UNITED STATES DISTRICT COURT
IJNITED STATES DISTRICT COI,IRT
CENTRAL DISTRICT
CENTRAL DISTRICT
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Conan Pmperties International, LLC,
Conan hperties Intemational, IIC, a
Delaware Limited Liability Company,
Delaware Limited Uability Company,
Plaintiff,
Ptaintitr,
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Case No.
Case No.
CVI 1-01586 PSGOEMx)
CVll-01586 PSG(JEMx)
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CONSENT JUI}'GMENT AND
CONSENT JUDGMENT
ONDER
ORDER
VS.
v$,
Tim Underwood, individually
Tim Underwood. individuallv and dba
Underwood Books; Syectrum Fantastic
Underwood Books: Soectnrm Fantastic
Art LLC. a Kansas LImited Liability
Arr LLC, a Kansas'Uinited Liabilitv
Company; Arnie Fenner, an individual;
individral:
Comnanv: Amie Fenner.
Cathy Fenner, an individual; Manuel
Csfhi Fdriner. indivitiual; lvlanuel
Perez Clemente (alk/a Sanjulian), an
Percz Clementp hlkJa Saniulian).
individual' and Manuel AUad,
individual:
ldanuel Ariad,
individually and dba Auad Publishing"
Publishi ng,,
individually
Defendants.
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Plaintiff, Conan Properties International,,Ltr,C ("CPI"), and Defendants, Tim
Conan Froperties International LLC ('CPI'), and Defendants,Tim
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Underwood, individually and dba Underwood Books, Spectrum. Fantastic Art LLC,
Underwood, individually and dba Undenuood Books, Spectrum Fanastic Art LLC,
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Arnie Fenner, Cathy Fenner and Manuel Perez Clemente ("Clemente")
Arnie Fenner, Cafty Fenner and tvlanuel Perez Clemente f'Clemente']
*Defendant$'}, have stipulated that CPI sbalt have judgment on the
(collectively "Defendants"), have stipulated that cpr shall have judgment on the
{collectively
Complaint as set forth herein. Judgment in this action shall enter as follows:
Complaint as set forttr hercin. Judgmentin &is action shall enter as follows:
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1. CPI owns all rights, title and interest in the following stories protected by
l. CPI owns all righfs, title and interest in the following siories prctected by
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United States copyright registrations: "Black Colossus" (reg. no. B 211 038;
United Sates copyflght regisftalions: 'Black Colossus" (reg. no. B 211 038;
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28 t - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i - CONSENT JUDGMENT
M!{8EI{TJI'DOMAI{T
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renewal no. R 269 994), "Phoenix on the Sword" (reg. no. B 175731; renewal no.
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R 250145), "Rogues in the House" (reg. no. B 246 430; renewal no. R 270001),
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"Scarlet Citadel" (reg. no. B 175732; renewal no. R 250146), "Tower of the
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Elephant" (reg. no. B 211 035; renewal no. R 269 991), and "Vale of Lost Women"
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(reg. no. B 345 804; renewal no. RE 673 166), (the "Copyrighted Stories'').
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2. CPI owns all intellectual property rights, title and interest in those paintings
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by Clemente commissioned by Charter Communications, Inc. for use as cover art
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on certain "Conan" books licensed to Charter by CPI and published under Charter's
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"Ace" imprint (the "Ace Covers''), as follows:
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a. The Ace Covers published in the book which is the snbject of this
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action. Sword's Edge: Paintings Inspired by the Works ofRobert E. Howard
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("Sword's Edge");
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b. The paintings which are used as Ace Covers on the following books:
1. Blade of Conan, The (1979)
2. Conan and the Sorcerer (1978)
3. Conan: the Flame Knife (1980)
4. Conan: Treasure of the Tranicos (1980)
5. Gods of Bal-Sagoth..J..The (1979)
6. Howard Collector, .lne (979)
7. ~pell of Conan, The (1980)
8. Three-Bladed Doom (1979)
9. Tigers of the Sea (l919)
to.Worms of the Earth (1979);
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3. CPI owns trademark registrations worldwide for the trademarks CONAN and
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CONAN THE BARBARIAN. including, inter alia, the following United States
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trademark registration numbers for the trademark CONAN: 78325581, 78806704,
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75436514, and 74369670 in Class 9; 1374714.3607668, and 2522082 in Class 16;
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73112519 and 78806775 in Class 25; 78806795 and 73282331 in Gass 28;
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78806841 in Class 41; and United States trademark registration number 2522083 in
Class 16 for the mark CONAN THE BARBARIAN (collectively, the "Conan
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Marks"). CPI also owns nearly one hundred (100) international registrations for
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CONAN, CONAN THE BARBARIAN, and other CONAN-formative trademarks.
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- 2CONSENT JUDGMENT
:
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4. CPI owns all right, title and interest in the fictional character "Conan:' alkJa
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"Conan the Barbarian," created by the author Robert E. Howard in the 19208 (the
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"Conan Character").
5. Defendants are enjoined from creating, publishing, selling in and/or
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importing into the United States any books (including, but not limited to, reprinting
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of Sword's Edge), containing the Copyrighted Stories, or any other stories
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containing the Conan Character owned by CPI, the Ace Covers, the Conan Marks
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and the Conan Character, except by license.
6. Defendants, and each of them, are permanently enjoined from reproducing,
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distributing or otherwise infringing the Copyrighted Stories, or any other stories
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containing the Conan Character owned by CPl. the Ace Covers, the Conan Marks
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and/or the Conan Character by, including without limitation, reproducing,
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distributing or otherwise using the Copyrighted Stories, the Ace Covers, the Conan
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Marks, and any depiction of the Conan Character in the United States, except by
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license.
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7. Defendants are pennanently enjoined from directly or indirectly using
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the name "Conan," the Conan Marks, and/or the Conan Character or any other
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mark, word or name similar thereto which is likely to cause confusion, mistake or
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to deceive, as to rights held by CPI, except by license.
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III
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III
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III
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III
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- 3CONSENT JUDGMENT
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puffiHnt b
Therefore, pursuant to the foregoing stipulations;
IT IS ORDERED that judgment enter for CPI on the Complaint as set forth
that judgment snt€r
Comflaint
for&
herein. The Parties shall each bear its own costs in this matter.
herein.
mafier.
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Dated:
f}d / ~
09-13-11
Jirlv .2011
July_,:
By:
";:;;:Thw-Y";H:'-'o-n'PMhil""""";-iP-r:'S.'G"'u""":fj"-·
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e-rre-z- - e
United States District Judge
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- 4CONSENT JUDGMENT
... : .
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PROOF OF SERVICE
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Section 1013A (3)
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 10250 Constellation Boulevard, Suite
2320, Los Angeles, California 90067.
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On September 8,2011, I served the foregoing document described as CONSENT
JUDGMENT AND ORDER on interested parties as follows:
See service list attached hereto
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By United States mail. I enclosed the document(s) in a sealed envelope or
package addressed to the person(s) above.
By depositing the sealed envelope with the United States Postal
Service, with the postage fully prepaid.
I placed the envelope for collection and mailing, following our
ordinary business practices. I am readily familiar with this business's
practice for collecting and processing correspondence for mailing. On
the same day that the correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully
prepaid.
___ I am a resident or employed in the county where the mailing occurred. The
envelope or package was placed in the mail at Los Angeles, California.
By messenger service. I served the documents by placing them in an
envelope or package addressed to the person(s) listed above and provided
them to a professional messenger service for service.
By fax transmission. Based on an agreement of the parties to accept service
by fax transmission, I faxed the documents to the person at the fax numbers
listed above. No error was reported by the fax machine that I used.
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-1-
PROOF OF SERVICE
By overnight delivery. I enclosed the documents in an envelope
provided by overnight delivery and addressed to the persons listed above.
I placed the envelope for collection and delivered it to the regularly utilized
drop box for overnight delivery.
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Bye-mail or electronic transmission. Based on a court order or an
agreement of the parties to accept service bye-mail or electronic
transmission, I caused the documents to be sent to the person at the e-mail
addresses listed above. I did not receive, within a reasonable time after the
transmission, any electronic messenger or other indication that the
transmission was unsuccessful.
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STATE I declare under penalty of perjury under the laws of the State
of California that the above is true and correct.
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FEDERAL I declare under penalty of perjury under the laws of State of California and
applicable federal law that the above is true and correct.
Executed on September 8, 2011, at Los Angeles, California.
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Catherine McCann
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-2-
PROOF OF SERVICE
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SERVICE LIST
Steven M. Morger, Esq.
Wendel Rosen Black & Dean LLP
1111 Broadway, 24 th Floor
Oakland, CA 94607-4036
Michael J. Hughes, Esq.
Intellectual Property Law Office
95 South Market Street, Suite 570
San Jose, CA. 95113
Attorneys for defendants Manuel Auad and
Manuel Perez Clemente aka Sanjulian
Attorneys for defendants Tim Underwood,
individually and dba Underwood Books,
Spectrum Fantastic Art LLC, Arnie Fenner
and Cathy Fenner
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-3PROOF OF SERVICE
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