(1988)
Shout Factory LLC v. Retromedia Entertainment, Inc.
Rick Sloane is the writer, director and producer of the movie ‘Hobgoblins’, which was registered with the U.S. Copyright Office in 1988 with Sloane as the copyright claimant, and received registrațion number pau1118779.
In 2009, Sloane licensed to Shout the exclusive home video rights (including DVD) to ‘Hobgoblins’.
Previously, on September 10, 2000, Sloane and Retromedia entered into a written license agreement whereby Sloane granted Retromedia a license to distribute ‘Hobgoblins’ on DVD for a period of seven years from the date of Retromedia’s release of the movie.
Retromedia first released ‘Hobgoblins’ on February 26, 2002. Accordingly, pursuant to the terms of the license agreement, their right to distribute ‘Hobgoblins’ expired on February 26, 2009.
On or about July 21, 2009, Defendants began distributing a DVD box set of nine different movies called Mad Monster Rally. The Box Set included ‘Hobgoblins’. Defendants knew, at that time they began distributing the Box Set, that their right to distribute ‘Hobgoblins’ had expired. Although the Box Set contained nine movies, Defendants attempted to conceal their infringement by removing any reference to ‘Hobgoblins’ from the outside packaging of the Box Set and by stating on the front of the Box Set that it contained “8 Huge Hits”.
By reason of the foregoing, Plaintiffs have sustained, and will continue to sustain, substantial and irreparable injuries, loss and damage to its copyrights in ‘Hobgoblins’. Plaintiffs have also sustained, and will continue to sustain, substantial damage to the value of ‘Hobgoblins’ in that the wrongful acts of defendants diminish the revenues which Plaintiffs would otherwise receive from their own reproduction, manufacturing, distribution, sale, rental, and other exploitation of ‘Hobgoblins’. Defendants threaten to continue to act as alleged above, and unless restrained and enjoined, will continue to do so, all to Plaintiffs’ irreparable injury.
Judgment: [Settlement] THE COURT ORDERS that this action be, and hereby is, dismissed with prejudice.