IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

FRAMEWELD LLC, )
)
Plaintiff, ) Case No.: ll-CV-7103 (PAE)
)
v. ) ECFCase
)
RYAN MAHONEY and VIRTUE CENTER FOR )
ART AND TECHNOLOGY LLC )
)
Defendants. )
)
USDCSDNY

LECTROlSlCALLY FILED
DOC
DATE BLED: /()/r'biJ,
[PROPOSED] PERMANENT INJUNCTION ON CONSENT
WHEREAS, plaintiff, Frameweld LLC (hereinafter "Plaintiff") has filed a motion for a
Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing;
WHEREAS, in its Complaint, Plaintiff alleges, inter alia, that defendants, Ryan Mahoney
(hereinafter "Mahoney") and Virtue Center for Art and Technology LLC (hereinafter "Virtue
Center") (hereinafter, collectively, "Defendants") are infringing Plaintiff's copyrights in the
proprietary software Automvc and bAC for which the United States Copyright Office has issued
the following three copyright registrations: United States Copyright Registration Nos.
TX0007416017 (for Automvc 0.1), TX0007416019 (for Automvc 0.5) and TX0007415969 (for
bAC 1.0). Plaintiff further alleges that all versions ofAutomvc and bAC are trade secrets and
that Defendants are misappropriating Plaintiffs Software by making it publicly available on the
Internet and using versions of Automvc and bAC without authorization;
WHEREAS, Defendants expressly deny each and every one of these allegations;
WHEREAS, all parties wish to resolve the issues raised in Plaintiff's motion with no
further hearings on the motion;
Case 1:11-cv-07103-PAE Document 7 Filed 10/13/11 Page 1 of 3
WHEREFORE,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
Defendants, their respective officers, directors, employees, agents, subsidiaries, distributors,
dealers, affiliates, successors, assigris, and licensees,and all persons in active concert or
participation with any of them are hereby pennanently enjoined and restrained from:
a. reproducing, distributing, advertising, promoting, marketing, licensing,
selling, offering to sell, and/or disclosing to the public any and all versions
and/or derivative works, as that tenn is defined in Section 101 of the
Copyright Act of 1976, as amended, of Automvc and/or bAC or any work
or service derived from, based on, or copied from the same; and
b. advertising, stating, representing, implying, or suggesting in any medium
or channel of trade that Defendants own or are authorized to sell, provide,
or license any and all versions and/or derivative works, as that tenn is
defined in Section 101 of the Copyright Act of 1976, of Automvc and/or
bAC or any work or service derived from, based on, or copied from the
same;
Furthennore, Defendants, their respective officers, directors, employees, agents,
subsidiaries, distributors, dealers, affiliates, successors, assigns, and licensees, and all persons in
active concert or participation with any ofthem shall remove any and all versions and/or
derivatives, as that tenn is defined in Section 101 ofthe Copyright Act of 1976, of Automvc
and/or bAC from any and all of Defendants' servers and/or computers so that Automvc and/or
~ ~ fA'
bAC will no l o n ~ o e used as frameworks for Defendants' customer websites. The removal of
Automvc and bAC and all derivative works, as that tenn is defined in Section 101 ofthe
2
Case 1:11-cv-07103-PAE Document 7 Filed 10/13/11 Page 2 of 3
Copyright Act of 1976, and versions thereof as outlined in the previous sentence shall be
completed no later than November 16, 2011.
The entry of this Order resolves only Plaintiff's motion for a Temporary Restraining
Order, Preliminary Injunction, and Expedited Hearing, and does not resolve, release or limit any
asserted or unasserted claim, counter claim or defense otherwise available to any party in the
underlying action, each of which is expressly preserved.
IT IS SO ORDERED.
Dated:
_D_tP_._l3__,2011
NewYork,NY
13
Issued:
_ O _ c t _ , _ ~ _ , 2011
PAUL A. ENGELMAYER
UNITED STATES DISTRICT COURT JUDGE
3
Case 1:11-cv-07103-PAE Document 7 Filed 10/13/11 Page 3 of 3