Thursday, September 9, 2010

Tike (hq-streams.com) Stipulate to Permanent Injunction in Zuffa Streaming Action

Following up on my post, "Update on Zuffa hq-streams Dispute -- Zuffa Attempts to Serve Papers At A Parking Lot," and related earlier posts, on September 8, 2010 the parties filed a "Stipulated Permanent Injunction and Dismissal with Prejudice."

As set forth in the stipulation, and despite the difficulties Zuffa had serving Tike, i.e. the fact that it attempted service in a parking lot, "Tike acknowledges receiving notice of the lawsuit and copies of all pleadings and documents filed in this manner, and does not contest or dispute the validity of service."

Further, the stipulation provides that "Tike acknowledges that he created the 'hq-streams' website in question and has copied, manipulated, adapted, reproduced, uploaded, distributed, shared, sold and/or displayed Zuffa's Copyrighted Broadcasts or used the UFC® Marks in any manner, or has permitted others to do so."

In the stipulation, the parties state that they have "agreed to resolve their dispute, and in doing so, Zuffa and Tike, have agreed to settle the instant matter and have agreed that Tike shall enter into a Stipulated Permanent Injunction," which provides in relevant part as follows:
A. Tike and his agents, servants, employees and/or all persons acting in concert or participation with Tike are prohibited from copying, manipulating, adapting, reproducing, uploading, distributing, sharing, selling or displaying any of Zuffa's Copyrighted Broadcasts and are prohibited from copying, manipulating, adapting, reproducing, uploading, distributing, sharing, selling or displaying UFC 118 in any manner;
B. Tike and his agents, servants, employees and/or all persons acting in concert or participation with Ahmed [I have no clue who or what Ahmed is and so assume it is a typo and it should be Tike] are prohibited from copying, manipulating, adapting, reproducing, uploading, distributing, sharing, selling or displaying any of Zuffa's future copyrighted broadcasts in any manner;
C. Tike and his agents, servants, employees andlor all persons acting in concert or participation with Tike, are prohibited from using the UFC® Marks or confusingly similar variations thereof, alone or in combination with any other letters, words, letter strings, phrases or designs, in commerce or in connection with any business or for any purpose whatsoever (including, but not limited to, on websites, in domain names, in hidden text and metatags) . . .

The judge will likely enter the proposed order effecting the parties settlement.

Fight Lawyer