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RYAN Mahoney and Virtue Center for ART AND TECHNOLOGY LLC are infringing plaintiff's copyrights. Plaintiff alleges that all versions of Automvc and bAC are trade secrets. Defendants expressly deny each and every one of these allegations.
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Frameweld LLC v Ryan Mahoney and Virtue Center Permanent Injunction on Consent Executed)
RYAN Mahoney and Virtue Center for ART AND TECHNOLOGY LLC are infringing plaintiff's copyrights. Plaintiff alleges that all versions of Automvc and bAC are trade secrets. Defendants expressly deny each and every one of these allegations.
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RYAN Mahoney and Virtue Center for ART AND TECHNOLOGY LLC are infringing plaintiff's copyrights. Plaintiff alleges that all versions of Automvc and bAC are trade secrets. Defendants expressly deny each and every one of these allegations.
Авторское право:
Attribution Non-Commercial (BY-NC)
Доступные форматы
Скачайте в формате PDF, TXT или читайте онлайн в Scribd
FRAMEWELD LLC, ) ) Plaintiff, ) Case No.: ll-CV-7103 (PAE) ) v. ) ECFCase ) RYAN MAHONEY and VIRTUE CENTER FOR ) ART AND TECHNOLOGY LLC ) ) Defendants. ) ) USDCSDNY
LECTROlSlCALLY FILED DOC DATE BLED: /()/r'biJ, [PROPOSED] PERMANENT INJUNCTION ON CONSENT WHEREAS, plaintiff, Frameweld LLC (hereinafter "Plaintiff") has filed a motion for a Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing; WHEREAS, in its Complaint, Plaintiff alleges, inter alia, that defendants, Ryan Mahoney (hereinafter "Mahoney") and Virtue Center for Art and Technology LLC (hereinafter "Virtue Center") (hereinafter, collectively, "Defendants") are infringing Plaintiff's copyrights in the proprietary software Automvc and bAC for which the United States Copyright Office has issued the following three copyright registrations: United States Copyright Registration Nos. TX0007416017 (for Automvc 0.1), TX0007416019 (for Automvc 0.5) and TX0007415969 (for bAC 1.0). Plaintiff further alleges that all versions ofAutomvc and bAC are trade secrets and that Defendants are misappropriating Plaintiffs Software by making it publicly available on the Internet and using versions of Automvc and bAC without authorization; WHEREAS, Defendants expressly deny each and every one of these allegations; WHEREAS, all parties wish to resolve the issues raised in Plaintiff's motion with no further hearings on the motion; Case 1:11-cv-07103-PAE Document 7 Filed 10/13/11 Page 1 of 3 WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: Defendants, their respective officers, directors, employees, agents, subsidiaries, distributors, dealers, affiliates, successors, assigris, and licensees,and all persons in active concert or participation with any of them are hereby pennanently enjoined and restrained from: a. reproducing, distributing, advertising, promoting, marketing, licensing, selling, offering to sell, and/or disclosing to the public any and all versions and/or derivative works, as that tenn is defined in Section 101 of the Copyright Act of 1976, as amended, of Automvc and/or bAC or any work or service derived from, based on, or copied from the same; and b. advertising, stating, representing, implying, or suggesting in any medium or channel of trade that Defendants own or are authorized to sell, provide, or license any and all versions and/or derivative works, as that tenn is defined in Section 101 of the Copyright Act of 1976, of Automvc and/or bAC or any work or service derived from, based on, or copied from the same; Furthennore, Defendants, their respective officers, directors, employees, agents, subsidiaries, distributors, dealers, affiliates, successors, assigns, and licensees, and all persons in active concert or participation with any ofthem shall remove any and all versions and/or derivatives, as that tenn is defined in Section 101 ofthe Copyright Act of 1976, of Automvc and/or bAC from any and all of Defendants' servers and/or computers so that Automvc and/or ~ ~ fA' bAC will no l o n ~ o e used as frameworks for Defendants' customer websites. The removal of Automvc and bAC and all derivative works, as that tenn is defined in Section 101 ofthe 2 Case 1:11-cv-07103-PAE Document 7 Filed 10/13/11 Page 2 of 3 Copyright Act of 1976, and versions thereof as outlined in the previous sentence shall be completed no later than November 16, 2011. The entry of this Order resolves only Plaintiff's motion for a Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing, and does not resolve, release or limit any asserted or unasserted claim, counter claim or defense otherwise available to any party in the underlying action, each of which is expressly preserved. IT IS SO ORDERED. Dated: _D_tP_._l3__,2011 NewYork,NY 13 Issued: _ O _ c t _ , _ ~ _ , 2011 PAUL A. ENGELMAYER UNITED STATES DISTRICT COURT JUDGE 3 Case 1:11-cv-07103-PAE Document 7 Filed 10/13/11 Page 3 of 3