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ARCHIE COMIC PUBLICATIONS, INC. v. DECARLO

United States District Court, Southern District of New York


June 11, 2003

ARCHIE COMIC PUBLICATIONS, INC., PLAINTIFF, AGAINST JOSETTE DUMONT DECARLO, EXECUTRIX OF THE ESTATE OF DANIEL S. DECARLO, DEFENDANT. ARCHIE COMIC PUBLICATIONS, INC., PLAINTIFF, AGAINST JOSETTE DUMONT DECARLO, EXECUTRIX OF THE ESTATE OF DANIEL S. DECARLO, DEFENDANT.

The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.

FINAL JUDGMENT AND PERMANENT INJUNCTION

WHEREAS, on March 31, 2003, the Court granted plaintiff's motion for summary judgment in No. 00 Civ. 5686 and issued an opinion; and

WHEREAS, the Court reconsidered said opinion and, on April 22, 2003, issued an amended opinion and ordered also that judgment should enter in favor of plaintiff and against defendant on all claims and counterclaims in No. 02 Civ. 8466;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

1. The terms "Josie Property," "Sabrina Property," and "Cheryl Blossom Property" as used herein are defined as set forth in the Second Supplemental Complaint in No. 00 Civ. 5686 (hereinafter the "Second Supplemental Complaint").

2. Plaintiff shall have judgment against defendant on all claims of the Second Supplemental Complaint, save the sixth claim for relief, which plaintiff withdrew, and on all claims and counterclaims in No. 00 Civ. 8466.

3. It is hereby declared that:

(a) Defendant is equitably estopped from challenging the exclusive ownership of plaintiff of all rights, title and interest, including copyrights, in and to the Josie Property;
(b) The contributions of defendant's testator, Daniel S. DeCarlo, to the Sabrina Property were works for hire owned ab initio by plaintiff and, in any case, any right, title and interest therein, including copyrights, which Daniel S. DeCarlo ever had in the Sabrina Property were assigned by him to plaintiff on or before October 25, 1988;
(c) Any rights, title and interest of defendant's testator, Daniel S. DeCarlo, in and to the Cheryl Blossom Property were assigned by him to plaintiff on or before October 25, 1988; and
(d) the document entitled "Notice of Termination of Transfer of Copyright and Related Licenses and Rights (Re: `Sabrina the Teenage Witch')" which defendant's testator caused to be served on plaintiff and certain of its licensees, a copy of which is annexed to the Second Supplemental Complaint as Exhibit G, and the document entitled "Notice of Termination of Transfer of Copyright and Related Licenses and Rights (Re: `Josie and the Pussycats')" which defendant's testator caused to be served on plaintiff and certain of its licensees, a copy of which is annexed to the Second Supplemental Complaint as Exhibit H, are null and void.
4. Defendant be and she hereby is permanently enjoined and restrained from commencing any action against plaintiff, its successors and assigns, its licensees and its licensee's successors and assigns which challenges plaintiff's ownership of the:

(a) Josie Property and/or the Sabrina Property, and/or any character or characters depicted therein, which challenges plaintiff's ownership thereof including, without limitation, copyrights therein, premised on the assertion that defendant's testator has and/or ever had any rights therein;
(b) Cheryl Blossom Property, and/or any character or characters depicted therein, which challenges plaintiff's ownership thereof including, without limitation, copyrights therein, premised on the assertion that defendant's testator had any rights therein after October 25, 1988; and
(c) Serving and/or recording any notice of termination of transfer of copyright pursuant to 17 U.S.C. § 203 with respect to the Sabrina Property and/or any character or characters depicted therein premised on the assertion that defendant's testator has or every had any rights therein.
5. Plaintiff shall recover its costs, as taxed by the Clerk, against defendant in each captioned action.

20030611

© 1992-2003 VersusLaw Inc.



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