Bowser Final Judgement NIntendo
Bowser Final Judgement NIntendo
Bowser Final Judgement NIntendo
1 4. The Court further orders that Defendant and his officers, agents, servants,
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3 employees, attorneys, and others acting in active concert or participation with Defendant—
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5 including but not limited to any domain name registrars or registries holding or listing any of
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7 Defendant’s Websites:
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9 a. surrender, and permanently cease to use, the domain names TEAM-
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11 XECUTER.COM, SX.XECUTER.COM, XECUTER.ROCKS, TEAM-
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13 XECUTER.ROCKS, and MAXCONSOLE.COM, any variant or successor thereof
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15 controlled by Defendant, and any other website or system that Defendant owns or controls,
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17 directly or indirectly, that involves or harms Nintendo’s Intellectual Property; and
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19 b. to the extent the domains are under Defendant’s custody or control, or under
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21 the control of registrars or registries with notice of this Order, immediately transfer the
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23 domain names TEAM-XECUTER.COM, SX.XECUTER.COM, XECUTER.ROCKS,
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25 TEAM-XECUTER.ROCKS, and MAXCONSOLE.COM, any variant or successor thereof
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27 controlled by Defendant, and any other website or system that Defendant owns or controls,
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29 directly or indirectly, that involves Nintendo’s Intellectual Property, to Plaintiff’s control.
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31 5. The Court further enjoins Defendant and all third parties acting in active concert
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33 and participation with Defendant—including but not limited to any domain name registrars or
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35 registries holding or listing any of Defendant’s Websites—from supporting or facilitating access
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37 to any or all domain names, URLs, and websites (including, without limitation, TEAM-
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39 XECUTER.COM, SX.XECUTER.COM, XECUTER.ROCKS, TEAM-XECUTER.ROCKS, and
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41 MAXCONSOLE.COM), or any successor thereof, through which Defendant infringed Plaintiff’s
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43 copyrights.
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1 6. The Court further orders, pursuant to 17 U.S.C. §§ 503 & 1203, upon Nintendo’s
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3 selection and to the extent controlled by Defendant, the seizure, impoundment, and/or destruction
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5 of all Circumvention Devices, including all copies of SX OS, and all other electronic material or
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7 physical devices within Defendant’s custody, possession, or control—including any hard drives or
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9 other electronic storage devices containing such material—that violate Nintendo’s rights under the
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11 DMCA or infringe copyrights owned or exclusively licensed by Nintendo.
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13 7. This permanent injunction constitutes a binding court order, and any violations of
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15 this order by Defendant will subject him to the full scope of this Court’s contempt authority,
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17 including punitive, coercive, and monetary sanctions.
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19 8. This permanent injunction is binding against Defendant worldwide, without regard
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21 to the territorial scope of the specific intellectual property rights asserted in the Complaint of the
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23 above-captioned case, and may be enforced in any court of competent jurisdiction wherever
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25 Defendant or his assets may be found.
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27 8. The Court shall maintain continuing jurisdiction over this action for the purpose of
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29 enforcing this Final Judgment and Permanent Injunction. Plaintiff is not required to post any bond
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31 or security in connection with the Final Judgment and Permanent Injunction, and Defendant has
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33 permanently, irrevocably, and fully waived any right to request a bond or security.
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35 IT IS FURTHER ORDERED that Judgment be entered in this matter in accordance with
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37 the terms set forth above, and that the clerk be, and hereby is, directed to close this matter.
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1 IT IS SO ORDERED.
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3 Dated this 7th day of December, 2021.
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7 A
Robert S. Lasnik
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9 United States District Judge
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