Carlebach, et al v. Aderet Music Corp., et al, No. 1:2003cv01493 - Document 20 (S.D.N.Y. 2020)
Court Description: FINAL JUDGMENT UPON CONSENT WITH REGARD TO DEFENDANTS ADERET MUSIC CORP.; ADERET RECORD CO.; MOSTLY MUSIC; and MENDEL WERDYGER: It is hereby ORDERED, ADJUDGED AND DECREED as between the parties hereto that: This Court has jurisdiction over the pa rties to this action and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C §1121. The parties having agreed that Defendants shall pay to Plaintiff an amount in settlement of Plaintiffs demand for damages, profits, costs, disb ursements and attorneys' fees based upon Defendant's wrongful sales activities, Defendant's warranties and representations and obligations to make such payment are incorporated herein and no other award for damages, profits, costs, dis bursements and attorneys' fees is made herein. This Judgment shall be deemed to have been served upon Aderet at the time of its execution by the Court. (as further set forth herein). This action was dismissed with prejudice by Order of the co urt on July 31, 2003 (Doc. 10). Plaintiff's counsel submitted a letter dated December 9, 2019, stating that the Final Judgment was not submitted to the Court for execution in 2003(Doc. 17). Indeed, it was only submitted to the Court on December 10, 2019 (Doc. 18 & 19). SO ORDERED. Mostly Music, Mendel Werdyger, Aderet Music Corp. and Aderet Record Co. terminated. (Signed by Judge Sidney H. Stein on 12/30/2019) (kv)
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Carlebach, et al v. Aderet Music Corp., et al Doc. 20 Case 1:03-cv-01493-SHS-GWG Document 17-2 Filed 12/09/19 Page 2 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NESHAMA CARLEBACH and, NEDARA CARLEBACH, Civil Action No. 03/1493 (JSS) Plaintiffs, .a.. ... .... , .. , .. V. . ... _,,,.,__,_.,._ . . ·USDCSDNY ADERET MUSIC CORP.; ADERET RECORD CO.; MOSTLY MUSIC; MENDEL WERDYGER; NOAM PRODUCTIONS; GALP AZ PRODUCTIONS; WEST SIDE JUDAICA; EICHLERS; and, FELLER'S JUDAICA AND GIFT GALLERY; DOCU?v!ENT SLECl"ROr-tiCALLY FILED , DOC#: '. BAfBFIW): J I/ J;:;o;..u Defendants. FINAL JUDGMENT UPON CONSENT WITH REGARD TO DEFENDANTS ADERET MUSIC CORP.; ADERET RECORD CO.; MOSTLY MUSIC; and MENDEL WERDYGER Plaintiffs Neshama and Nedara Carlebach ("Plaintiffs"), having filed a Complaint in this action charging, inter alia, defendants Aderet Music Co'rp., Aderet Record Co., Mostly Music and Mendel Werdyger (hereinafter collectively "Defendants") with copyright infringement and unfair competition as well as breach of contract under both federal and state laws based upon Defendants' having intentionally, knowingly and willfully copied Plaintiffs' Copyrighted Works to benefit from the widespread popularity and commercial success of Plaintiffs' Copyrighted Works and to capitalize upon the market created by Rabbi Shlomo Carlebach for his music and teachings. And the parties desiring to settle the controversy between them, it is hereby ORDERED, ADJUDGED AND DECREED as between the parties hereto that: 1. This Court has jurisdiction over the parties to this action and has jurisdiction over the subject matter hereof pursuant to 15 USC §1121 . 2. Plaintiff is the owner of the hundreds of U.S. Copyright Registrations comprising the musical works of Shlomo Carlebach and is entitled to the exclusive use thereof, a list of which is annexed hereto as Exhibit 1 (collectively, the "Carlebach Copyright Dockets.Justia.com Case 1:03-cv-01493-SHS-GWG Document 17-2 Filed 12/09/19 Page 3 of 6 Registrations") 3. Defendants manufacture, distribution and sale of unlicensed and unauthorized albums constitutes copyright infringement and unfair competition. 4. Defendants, their agents, servants, employees, and attorneys-in-fact and all persons in active concert and participation with them, are hereby permanently restrained and enjoined from manufacturing, promoting, advertising, distributing and selling any products that infringe upon the Carlebach Copyright Registrations or bearing the voice and image of Shlomo Carlebach without a license and the timely payment of royalties. 5. The parties having agreed that Defendants shall pay to Plaintiff an amount in settlement of Plaintiffs demand for damages, profits, costs, disbursements and attorneys' fees based upon Defendant's wrongful sales activities, Defendant's warranties and representations and obligations to make such payment are incorporated herein and no other award for damages, profits, costs, disbursements and attorneys' fees is made herein. 6. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this Judgment, the enforcement thereof and the punishment of any violations thereof. 7. This Judgment shall be deemed to have been served upon Aderet at the time of Case 1:03-cv-01493-SHS-GWG Document 17-2 Filed 12/09/19 Page 4 of 6 CONSENTS The undersigned hereby consent to the entry of a Final Judgment Upon Consent in the foregoing form or in such other fonn as the Court may approve. NESHAMA CARLEBACH Dated: SeptemberJ_g 2003 Dated: September~ 2003 ADERET MUSIC CORP. By:~~----Title: Dated: September lo , 2003 ADERE'F RECORD CO.- By:---"-(v -=---( u1- \ __ _ _ __ Title: Dated: September\...~ 2003 3 Case 1:03-cv-01493-SHS-GWG Document 17-2 Filed 12/09/19 Page 5 of 6 MOSTLY MUSIC By: Title: Dated: September l.~ 2003 MENDEL WERDYGER l.0 By: Dated: September _, 2003 ACKNOWLEDGEMENTS STATE OF NEW YORK COUNTY OF NEW YORK ) ss.: ) On this _J0day of September, 2003 before me came Neshama Carlebach who acknowledged to me that she is a true plaintiff in the attached lawsuit and that she executed the foregoing instrument with full authority to do so. -· _ _ _N_o_t_ai:_-y_P_u_b_l_ic--'----' __ -_ . ' ..,. ,- -. ·· ROBERT ·L. TU.CK.ER -: Notary Public, State of New York No. 31·4811777 STATE OF NEW YORK ) COUNTY OF NEW YORK ss.: ) 30,q;t C1Jalified in New York Coun~ ornn.iceion Ex;:iiros Nov . On this .(Qday of September, 2003 before me came Nedara Carlebach who acknowledged to me that she is a true plaintiff in the attached lawsuit and that she executed the foregoing instrument with full authority to do so. ..- . .... - - - --':' ?· ~ -- Notary Public -·r. --... , ROBERT L. TUCKER . Notary Public , State.o7l7·N'ew7e Yori< No. 31•48j, . Qualified in New Y~rl( o1n mi::sior. E)(piras . ov . -:- . c;i"~ 4 . ·•lf'.~17 4 Case 1:03-cv-01493-SHS-GWG Document 17-2 Filed 12/09/19 Page 6 of 6 STATE OF NEW YORK COUNTY OF NEW YORK ) ss.: ) On this@_ day of September, 2003 before me came Mendel Werdyger on behalf of Aderet Music Corp. who acknowledged to me that he is a true plaintiff in the attached lawsuit and that he executed the foregoing instrument on behalf of A d ( / i c Corp. with full U0'L authority to do so. . Notary Public ROBERT L. "T-UCKER STATE OF NEW YORK ) COUNTY OF NEW YORK ss. : ) Notary Public, State oOl_e~ ¥erk No. Si-481 H77 Qualified in New Y~rk Co"!_pty ~b Gommission Expire\! Nov: 30, On this~ day of September, 2003 before me came Mendel Werdyger on behalf of Aderet Record Co. who acknowledged to me that he is a true plaintiff in the attached lawsuit and that he executed the foregoing instrument on behalf of Aderet Record Co. with full authority to do so. Notary Public STATE OF NEW YORK COUNTY OF N1 . ROBERT t. TUC-KER . : l'fe.:'.'.' Y~I< Notary Public~ State of ) ss.: ) No . '3J-48 f1'177 · . Qualified in ~(ew Yo~ _Coun~ :; 0 mrnission Expirirs· ~ov. 30, - , On this io day of September, 2003 before me came Mendel Werdyger on behalf of Mostly Music who acknowledged to me that he is a true plaintiff in the attached lawsuit and that he executed the foregoing instrument on behalf of Mostly n i t h full authority to do U~L w. .. - -. . . Notary Public STATE OF NEW YORK COUNTY OF L---~ .. - . - . . _ . . ._ -:-- --. ROBERf·l:.- _Tue-KER - -:: Notary Public, State. of N,! w Yori< No. 31 ·48UP7 .Qualified In_ N~w Yori< Count°{../ .:::ommission E;cp1ras Nov-. 30, ) ss.: ) ~.e, On this JE_ day of September, 2003 before me came Mendel Werdyger who acknowledged to me that he is a true plaintiff in the attached lawsuit and that he executed the foregoing instrument with full authority to do so. 6Zr- l. ~. l~otaty Publie, S~ete of'New Y.~rl< No. 31-4811777 5 ; aualilied in New Yori< Coun~ .. ' ommis:<:ion E;{::i1res Nov. 30,,. -~ . 1
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