UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK

DIGITAL GRAPHIC SYSTEMS, AB;
INTERNATIONAL MEDIA COMPANY, BV;
and COLOR CLIMAX CORPORATION, APS,
Plaintiffs,

- against -

"BILE," AN INTERNET USER BELIEVED TO BE KEVIN MANENA,
Defendant.

98 Civ. 4956 (ERK)
Korman, J.
Go, M.J.

Entered: February 8, 1999
Filed: February 12, 1999

DEFAULT JUDGMENT

The summons and complaint in this action having been duly served on the above-named Defendant on July 31, 1998 and said Defendant having failed to plead or otherwise defend in this action, and said default having been duly noted, and upon the annexed Declaration of Default Judgment.

NOW, on motion of David Loundy, the attorney for the Plaintiffs, it is hereby ORDERED and ADJUDGED that, the Plaintiffs, do recover of Kevin Manena a/k/a "Bile", the Defendant residing at 30 West 13th Road, Broad Channel, N.Y., as follows:

a. That Defendant be permanently enjoined from infringing or aiding in the infringement of Plaintiffs' copyrighted and trademarked works as provided by 17 U.S.C. ¤502 and 15 U.S.C ¤1116.

b. That Defendant be required to provide to the Court and to Plaintiff's attorneys within fourteen (14) days of this Judgement an accounting for all gains, profits and advantages that he has derived from infringing Plaintiffs' copyrights and trademarks as provided by 17 U.S.C. ¤504 and 15 U.S.C ¤1117.

c. That Defendant be ordered to turn over to the Court and to Plaintiff's attorneys within fourteen (14) days of this Judgement a list of all customers to which he has sold CD-ROMs containing Plaintiffs' intellectual property.

d. That Defendant shall turn over to the Court and to Plaintiff's attorneys within fourteen (14) days of the date of this Judgment any copies of Plaintiffs' copyrighted and trademarked works in Defendant's possession or over which he has control, along with any plates, molds, matrices, masters, tapes, or other articles by means of which such copies may be reproduced. Such items, including, but not limited to, CD-ROM recorders and blanks, personal computer(s) and modem(s), and hard disks and removable data storage devices of any kind shall be impounded and destroyed as provided by 17 U.S.C. ¤503 and 15 U.S.C ¤1118. Additionally, the Defendant's domain name "bilesasylum.com" from which the CD-ROMs were sold and the CRC lists distributed shall have its registration cancelled within 5 business days of the delivery of this Judgement to Network Solutions, Inc., the domain name registrar.

e. The case is referred to the U.S. magistrate judge for an inquest on the issue of damages.

g. That Bile shall pay to Plaintiff interest at the legal rate in effect on the date of this judgment on the above damages, costs and fees.

h. That the Plaintiff have execution therefor.

Dated: Brooklyn, New York
February 8, 1999

By: /s/ Ed Korman
Ed Korman
U.S. District Judge

[E-LAW Links] [E-Law Web Page]
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