Case3:12-cv-03816-CRB Document224 Filed04/03/15 Page1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 CRAIGSLIST, INC., a Delaware corporation, 13 Plaintiff, 14 15 CASE NO. CV12-03816 CRB [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST: v. 3TAPS, INC., et. al., 16 DISCOVER HOME NETWORK, INC. D/B/A LOVELY Defendants. 17 18 AND RELATED COUNTERCLAIMS 19 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, pursuant to stipulation of 20 the parties, that: 21 I. 22 Monetary Judgment Judgment is entered in favor of Plaintiff craigslist, Inc. (“craigslist”) against Defendant 23 Discover Home Network, Inc. d/b/a Lovely (“Lovely”) in the amount of Two Million One 24 Hundred Thousand Dollars (US$2,100,000). 25 II. Injunction 26 Lovely and its respective current and future officers, directors, agents, servants, 27 employees, contractors, parents, subsidiaries, affiliates, partners, partnerships, joint venturers, 28 1 Case No. CV12-03816 CRB FINAL JUDGMENT AND PERMANENT INJUNCTION Case3:12-cv-03816-CRB Document224 Filed04/03/15 Page2 of 6 1 representatives, and other persons who are in active concert or participation with them or 2 individuals within their control (collectively, the “Enjoined Parties”), are ORDERED and 3 ENJOINED as follows: 4 A. Within seven (7) days of the entry of this Order, the Enjoined Parties shall cease 5 displaying, framing, including, disseminating, publishing, distributing, giving 6 away, or otherwise presenting, any advertisements, posts or other information, 7 obtained, either directly or indirectly, from any craigslist website, including, but 8 not limited to craigslist.org (hereafter, “craigslist Content”). 9 B. Within five (5) days of the entry of this Order, the Enjoined Parties shall provide 10 to craigslist: 11 1. A list (including available contact information) of all persons and/or 12 entities (other than persons with no relationship with Lovely other than as 13 a user of Lovely’s website) to whom any of the Enjoined Parties have sold 14 or otherwise provided advertisements, posts or other information obtained, 15 either directly or indirectly, from any craigslist Content. The list will 16 include a summary of the content that was sold or provided to each person 17 and/or entity. 18 2. A detailed written accounting of all payments to or from such persons or 19 entities, including the dates and amounts of payments, the means of 20 payment, and the financial account names, account and routing numbers 21 for the financial institutions handling such payments, together with the 22 underlying business records from which such payment and account 23 information is assembled. 24 3. All documents, records and/or communications in the Enjoined Parties’ 25 possession, custody or control related to the persons and/or entities 26 provided in the list described above in Section II.B.1. 27 28 4. A list of all employees, individuals and/or entities that assisted any of the Enjoined Parties in accessing, downloading, or copying craigslist Content 2 Case No. CV12-03816 CRB FINAL JUDGMENT AND PERMANENT INJUNCTION Case3:12-cv-03816-CRB Document224 Filed04/03/15 Page3 of 6 1 from craigslist. This list will include the name and all available contact 2 information for each person and/or entity, and a summary of the role 3 played by the person and/or entity, including dates and manner of 4 assistance provided. 5 5. To the extent not already provided in discovery, all non-privileged 6 documents, records and/or communications in the Enjoined Parties’ 7 possession, custody or control, located after a reasonable search, 8 exchanged between the Enjoined Parties and third-parties related or 9 relevant to accessing, downloading, or copying craigslist Content from 10 11 craigslist. C. Within thirty (30) days of the entry of this Order, the Enjoined Parties shall 12 permanently delete or destroy any craigslist Content from any craigslist.org 13 website, obtained either directly or indirectly, whether stored in electronic form or 14 otherwise, in their possession, custody, or control. The Enjoined Parties shall 15 retain a third party digital forensics firm acceptable to craigslist to certify to the 16 destruction of the craigslist Content and provide a copy of such certification to 17 craigslist within forty (40) days of the entry of this Order. The total cost of this 18 third party digital forensics firm will not exceed $50,000. 19 20 D. The Enjoined Parties are permanently prohibited: 1. from directly or indirectly copying craigslist Content by any means 21 whatsoever (except for caching caused by manual viewing of 22 craigslist.org), including but not limited to robots, spiders, scrapers, or 23 crawlers; 24 2. from directly or indirectly displaying, framing, including, disseminating, 25 publishing, distributing, giving away, or otherwise presenting, or 26 facilitating same, any craigslist Content; 27 28 3. from directly or indirectly distributing or selling, or otherwise making available to any person or entity other than an employee of the Settling 3 Case No. CV12-03816 CRB FINAL JUDGMENT AND PERMANENT INJUNCTION Case3:12-cv-03816-CRB Document224 Filed04/03/15 Page4 of 6 1 2 Defendants any craigslist Content; 4. from representing, on their websites, in their mobile apps, or otherwise, 3 that they are in any way affiliated with craigslist, or that any of their 4 products or services contain or include any information, listing, data or 5 other material obtained, either directly or indirectly, from any craigslist 6 website; 7 5. from directly or indirectly circumventing technological measures that 8 control access to any craigslist website or any portions thereof, including 9 but not limited to, measures that: monitor and/or block activity associated 10 with particular IP addresses or provide a set of instructions to any 11 automated technologies visiting the craigslist website that prohibit 12 automated programs (e.g., a robots.txt file); 13 6. 14 15 from directly or indirectly infringing any of craigslist’s copyrighted materials; 7. from sending or transmitting, or paying, directing, aiding, or conspiring 16 with others to send or transmit (i) any commercial electronic mail or 17 electronic communication to any craigslist email address, user, member or 18 poster, bearing any false, fraudulent, anonymous, inactive, deceptive, or 19 invalid return information, or otherwise using any other artifice, scheme or 20 method of transmission that would prevent the automatic return of 21 undeliverable electronic mail to its original and true point of origin or that 22 would cause the e-mail return address to be that of anyone other than the 23 actual sender or by any other means in violation of the CAN-SPAM Act, 24 15 U.S.C. § 7701, et seq. (ii) any commercial electronic mail message to 25 email addresses acquired or harvested solely from any craigslist website; 26 provided however that it shall not violate this prohibition for the Enjoined 27 Parties to send a commercial electronic mail message to such email 28 address if the holder of such email address has initiated the transmission of 4 Case No. CV12-03816 CRB FINAL JUDGMENT AND PERMANENT INJUNCTION Case3:12-cv-03816-CRB Document224 Filed04/03/15 Page5 of 6 1 an email to the Enjoined Parties; 2 8. from possessing, acquiring, purchasing, sharing, trading or transferring 3 contact information or e-mail addresses that contain “craigslist” in the 4 domain. This provision further expressly prohibits the Enjoined Parties 5 from engaging in the purchase, sale or trade of lists of craigslist postings, 6 member names, addresses, screen names or other identifying information, 7 as well as the harvesting of craigslist member names or contact 8 information or the transmission of e-mails to lists created by such 9 harvesting in violation of the Terms of use attached hereto as Exhibit A or 10 the CAN SPAM Act, 15 U.S.C. § 7701, et seq.; 11 9. from directly or indirectly using any craigslist trademark, including by 12 using, applying for, or registering any mark, trade name, company name, 13 domain name, website username, or url that contains any craigslist 14 trademark or misspelling of any craigslist trademark, or that is confusingly 15 similar to any craigslist trademark. 16 E. To the extent craigslist has reason to believe that Lovely has violated any of these 17 provisions, craigslist will provide Lovely notice and fifteen (15) days to cure 18 before seeking to enforce this Permanent Injunction. 19 F. To the extent that any of the conduct set forth above in D.1-D.3 is later 20 determined in a final judicial proceeding to be permissible or is expressly 21 authorized in craigslist's terms of use, the Enjoined Parties may seek craigslist's 22 agreement to modify the terms of this Permanent Injunction to permit such 23 conduct, and craigslist agrees to consider promptly any such request in good faith 24 and to not unreasonably withhold its consent to any such modification. 25 III. Monitoring Compliance 26 It is further ORDERED that the Enjoined Parties shall: 27 A. 28 Take reasonable steps sufficient to monitor and ensure that all persons within their control or employment (whether as independent contractors, employees, agents or 5 Case No. CV12-03816 CRB FINAL JUDGMENT AND PERMANENT INJUNCTION Case3:12-cv-03816-CRB Document224 Filed04/03/15 Page6 of 6 1 in some other capacity) comply with this Order, including but not limited to 2 providing a copy of this Order to any person within their control or employment 3 and requesting that such person adhere to its terms; and 4 B. Take all reasonable corrective action with respect to any individual within their 5 control or employment whom any Enjoined Party determines is not complying 6 with the terms of this Order, which may include training, disciplining, and/or 7 terminating such individual, and notifying craigslist of the underlying conduct. 8 9 IV. Retention of Jurisdiction It is further ORDERED that this Court shall retain jurisdiction of this matter in law and 10 equity for purposes of enforcing and/or adjudicating claims of violations of this Order or of 11 disputes arising in connection with the Settlement Agreement entered by the parties hereto. Any 12 such matters shall be raised by noticed motion. 15 Dated: ________________________ April 3, 2015 ED ORDER harles R Judge C NO . Breyer H ER LI RT Honorable Charles R. Breyer 17 18 A 16 O IT IS S R NIA IT IS SO ORDERED. FO S UNIT ED 14 RT U O 13 ISTRIC ES D TC T TA N F D IS T IC T O R C 19 20 21 22 23 24 25 26 27 28 6 Case No. CV12-03816 CRB FINAL JUDGMENT AND PERMANENT INJUNCTION