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PENGUIN BOOKS v. NEW CHRISTIAN CHURCH OF FULL ENDEAVOR

United States District Court, S.D. New York


April 27, 2004.

PENGUIN BOOKS U.S.A., INC., FOUNDATION FOR "A COURSE IN MIRACLES, INC.", and FOUNDATION FOR INNER PEACE, INC., Plaintiffs, -against- NEW CHRISTIAN CHURCH OF FULL ENDEAVOR, LTD., and ENDEAVOR ACADEMY, Defendants

The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

JUDGMENT

This action having been tried by the Court without a jury and the Court having by order dated October 24, 2003 made written findings of fact and conclusions of law, and by opinion dated April 6, 2004 denied defendants' request for attorneys' fees, and having directed that judgment be entered consistent therewith, it is hereby

ADJUDGED AND ORDERED as follows:

  1. The copyright in the work A Course in Miracles represented by registration number A693944 (the "Work") is void, and the Clerk of the Court shall consistent with 17 U.S.C. § 508 send a copy of this Judgment to the Register of Copyrights so that the Register of Copyrights can take such action, if any, as is appropriate concerning number A693944 or any renewals or attempted renewals thereof. 2. The preliminary injunction granted by the Court in its opinion dated July 25, 2000 and by order dated September 6, 2000, along with the stipulation and further order of preliminary injunction dated January 17, 2001, are hereby vacated, dissolved, and of no further force and effect.

  3. Plaintiffs' First Claim for Relief as set forth in the Third Amended Complaint is dismissed with prejudice.

  4. Defendants are hereby awarded costs pursuant to 17 U.S.C. § 505 and Fed.R.Civ.P. 54(d)(1). This award of costs shall not include attorneys' fees.

  5. The Court expressly determines that there is no just reason for delay in the entry of judgment on plaintiffs' First Claim for Relief, and therefore directs that final judgment be entered thereon pursuant to Fed. R. Civ. P. 54(b).

  6. This judgment shall be stayed for ten (10) days after the date of entry.

  It is so ordered.

20040427

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