Pokemon Company Intenational, Inc. v. Sahagian, No. 2:2015cv00866 - Document 16 (W.D. Wash. 2015)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT JON SAHAGIAN; judgment is entered in favor of TPCi and against Jon Sahagian; Court shall retain jurisdiction of this action for purposes of construing, modifying, and enforcing this Permanent Injunction by Judge Thomas S. Zilly. (PM)

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HONORABLE THOMAS S. ZILLY 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 THE POKÉMON COMPANY INTERNATIONAL, INC., 11 12 13 No. 2:15-cv-00866 TSZ FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT JON SAHAGIAN Plaintiff, v. JON SAHAGIAN; DOES 1-5, 14 Defendants. 15 16 17 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: FINDINGS AND CONCLUSIONS 18 19 1. This is an action for copyright infringement and contributory copyright 20 infringement under the Copyright Act, 17 U.S.C. § 101 et seq., and violations of provisions of 21 the Digital Millennium Copyright Act prohibiting the provision and distribution of false 22 copyright management information. In the Complaint, Plaintiff The Pokémon Company 23 International, Inc. (“TPCi”) sought, among other relief, injunctive relief under 17 U.S.C. § 502. 24 25 26 27 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). 3. The Complaint alleges, in part, that Defendant Jon Sahagian (“Defendant” or “Sahagian”), the owner and operator of the website located at www.pokebeach.com (the FINAL JUDGMENT AND PERMANENT INJUNCTION (CASE NO. 2:15-cv-00866 TSZ) - 1 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966 1 PokéBeach Site”), copied, reproduced, displayed and distributed TPCi’s copyrighted Pokémon 2 works without authorization on the PokéBeach Site and in connection with online Pokémon 3 games, thereby infringing TPCi’s copyrighted works. FINAL JUDGMENT 4 5 6 Based on the stipulation of the parties, judgment is entered in favor of TPCi and against Sahagian. INJUNCTION 7 8 1. For the purposes of this Permanent Injunction, the following definitions apply: (a) 9 “Copyrighted Work” shall mean any work, or portion thereof, whether 10 now in existence or later created, in which TPCi, or a parent, subsidiary or 11 affiliate of TPCi owns or controls a valid and subsisting exclusive right 12 under the Copyright Act, 17 U.S.C. § 101 et seq. “Copyrighted Work” 13 shall include but not be limited to any Pokémon Trading Card Game card. (b) 14 “Infringing Work” shall mean any unauthorized scan, copy, reproduction, 15 counterfeit, derivative work or other colorable imitation of the 16 Copyrighted Works or any part thereof, including but not limited to 17 TPCi’s Pokémon Trading Card Game cards. (c) 18 “Infringing Game” shall mean any game incorporating an Infringing 19 Work, including, but not limited to, the online game currently titled “TCG 20 One” and the online game currently titled “Pokémon Showdown” 21 currently available on the PokéBeach Site. “Infringing Game” shall 22 include any variations of these games regardless of the title given to the 23 games. (d) 24 25 2. “Days” means calendar days, unless otherwise specified. Sahagian and his agents, servants, employees, assigns, and all those in active 26 concert or participation with any of them (“Enjoined Parties”), who receive actual notice of this 27 Permanent Injunction by personal service or otherwise, are ORDERED and ENJOINED as FINAL JUDGMENT AND PERMANENT INJUNCTION (CASE NO. 2:15-cv-00866 TSZ) - 2 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966 1 2 follows: (a) Effective immediately upon the entry of this Permanent Injunction, the 3 Enjoined Parties are permanently enjoined from infringing the 4 Copyrighted Works, either directly or contributorily, including generally 5 but not limited to, by copying, reproducing, displaying, promoting, 6 marketing, advertising, offering for sale or otherwise disposing of or 7 distributing any Infringing Work or the Infringing Games. 8 (b) shall cease any and all distribution, marketing, advertising, or other 9 promotional activity with respect to any Infringing Game. 10 11 Effective immediately upon entry of this Permanent Injunction, Sahagian (c) Effective immediately upon the entry of this Permanent Injunction, the 12 Enjoined Parties are permanently enjoined from inducing, aiding, abetting, 13 contributing to, or otherwise assisting anyone in infringing upon any 14 Copyrighted Work. 15 (d) Within five (5) days of the entry of this Permanent Injunction, Sahagian 16 shall provide to TPCi the names, addresses, email addresses, and other 17 contact information in his possession or control for all persons and/or 18 entities involved with the creation, development, marketing, advertising, 19 hosting, or distribution of TCG One. 20 (e) Within seven (7) days of the entry of this Permanent Injunction, Sahagian 21 shall: (1) remove all Infringing Works from the PokéBeach Site; and 22 (2) remove from the PokéBeach Site and otherwise disable access to any 23 Infringing Game. 24 (f) Within fourteen (14) days of the entry of this Permanent Injunction, 25 Sahagian shall delete or destroy each and every copies of an Infringing 26 Work and all copies of and files associated with any Infringing Game in 27 Sahagian’s possession or control. FINAL JUDGMENT AND PERMANENT INJUNCTION (CASE NO. 2:15-cv-00866 TSZ) - 3 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966 (g) 1 Within fourteen (14) days of the entry of this Permanent Injunction, 2 Sahagian shall provide an affidavit to TPCi, signed under penalty of 3 perjury, certifying that he has complied with the removal and destruction 4 of the Infringing Works and the Infringing Games as ordered herein. 5 3. If TPCi believes that Sahagian has violated any provision of this Permanent 6 Injunction, TPCi will provide Sahagian with written notice of the alleged violation and Sahagian 7 will have three (3) days after receipt of the notice to cure the alleged violation. If the alleged 8 violation is not cured by the expiration of this 3-day period, TPCi may pursue any and all actions 9 and relief in connection with the alleged violation. BINDING EFFECT 10 11 IT IS FURTHER ORDERED that this Permanent Injunction shall be binding upon and 12 inure to the benefit of the parties and all successors, assigns, parent entities, subsidiaries, 13 officers, directors, members, shareholders, distributors, agents, affiliates, and all other persons 14 who are in active concert or participation with anyone described herein, who receive actual 15 notice of this Permanent Injunction by personal service or otherwise. RETENTION OF JURISDICTION 16 17 18 IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action for purposes of construing, modifying, and enforcing this Permanent Injunction. 19 IT IS SO ORDERED. 20 DATED this 8th day of September, 2015. 21 23 A 24 Thomas S. Zilly United States District Judge 22 25 26 27 FINAL JUDGMENT AND PERMANENT INJUNCTION (CASE NO. 2:15-cv-00866 TSZ) - 4 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966

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