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cbs_settlement [2020/11/04 15:20] – [5. Completion of Axanar] adds internal links Carlos Pedraza | cbs_settlement [2021/07/20 15:40] (current) – [Execution] Carlos Pedraza | ||
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This <wrap lo> | This <wrap lo> | ||
- | “Settlement Agreement”) is made and entered into by and between PARAMOUNT PICTURES CORPORATION (“[[Paramount Pictures|Paramount]]”), | + | “Settlement Agreement”) is made and entered into by and between |
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> “Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fanmade film intended for recreational use. No commercial exhibition or distribution is permitted. No alleged independent rights will be asserted against CBS or Paramount Pictures.”((This is the same disclaimer required of other fan productions operating under the guidelines.)) | > “Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fanmade film intended for recreational use. No commercial exhibition or distribution is permitted. No alleged independent rights will be asserted against CBS or Paramount Pictures.”((This is the same disclaimer required of other fan productions operating under the guidelines.)) | ||
- | [{{ : | + | [{{ : |
=== 5.3 Denied Use of Star Trek Marks, Designs, Axanar Logo === | === 5.3 Denied Use of Star Trek Marks, Designs, Axanar Logo === | ||
- | Defendants may not use “Star Trek” or any <wrap hi> | + | Defendants may not use “Star Trek” or any <wrap hi> |
[{{:: | [{{:: | ||
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=== 5.10 Permitted Distribution, | === 5.10 Permitted Distribution, | ||
- | Defendants will only distribute, exhibit or perform the Permitted Axanar Segments by: (a) streaming or exhibiting them on YouTube; (b) by the distribution of recorded copies in accordance with this [[# | + | Defendants will only distribute, exhibit or perform the Permitted Axanar Segments by: (a) streaming or exhibiting them on YouTube; (b) by the distribution of recorded copies in accordance with this [[# |
{{page> | {{page> | ||
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Defendants agree that they will, jointly with Plaintiffs, release to the press and other media a joint statement in the form annexed hereto as Exhibit B. | Defendants agree that they will, jointly with Plaintiffs, release to the press and other media a joint statement in the form annexed hereto as Exhibit B. | ||
- | === 5.14 Required Adherence to Guidelines === | + | === 5.14 Required Adherence to Guidelines |
For any of Defendants’ future fan film production that uses original or distinctive elements from the Star Trek universe (that are not a legally protected parody, satire, or documentary that complies with [[# | For any of Defendants’ future fan film production that uses original or distinctive elements from the Star Trek universe (that are not a legally protected parody, satire, or documentary that complies with [[# | ||
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Peters represents that the URLs, domain names and/or social media | Peters represents that the URLs, domain names and/or social media | ||
- | accounts listed | + | accounts listed |
{{page> | {{page> | ||
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Settlement Agreement; and</ | Settlement Agreement; and</ | ||
- | <wrap indent> | + | <wrap indent> |
=== 8.3 Allowable Disclosure === | === 8.3 Allowable Disclosure === | ||
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<wrap indent> | <wrap indent> | ||
- | <wrap indent> | + | <wrap indent> |
<wrap indent> | <wrap indent> | ||
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=== Arbitration === | === Arbitration === | ||
- | The Parties agree that except as set forth herein, any controversy or claim arising out of or relating to this Settlement Agreement, or any breach thereof, including, without limitation, any controversy relating to the arbitrability of any dispute, shall be submitted to Arbitration with JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. | + | The Parties agree that except as set forth herein, any controversy or claim arising out of or relating to this Settlement Agreement, or any breach thereof, including, without limitation, any controversy relating to the arbitrability of any dispute, shall be submitted to Arbitration with JAMS((The **Judicial Arbitration and Mediation Services** is a for-profit company that provides alternate dispute resolution for parties unwilling to go to court. (" |
Party shall rank the remaining potential arbitrators in order of preference, and return the list to JAMS. From the lists furnished by the Parties, JAMS shall select the arbitrator that was not stricken by any Party, and whose cumulative rank is highest among the Parties. | Party shall rank the remaining potential arbitrators in order of preference, and return the list to JAMS. From the lists furnished by the Parties, JAMS shall select the arbitrator that was not stricken by any Party, and whose cumulative rank is highest among the Parties. | ||
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==== 12. Return or Destruction of Materials ==== | ==== 12. Return or Destruction of Materials ==== | ||
- | Within thirty (30) days of the execution of this Settlement Agreement, the Parties and their counsel shall return all documents received in this action that were designated as “CONFIDENTIAL INFORMATION” or as “HIGHLY CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” pursuant to the parties’ stipulated [[Protective Order]]. In lieu of returning all such material, counsel for the Parties may certify that all such documents have been destroyed. | + | Within thirty (30) days of the execution of this Settlement Agreement, the Parties and their counsel shall return all documents received in this action that were designated as <wrap lo>“CONFIDENTIAL INFORMATION”</ |
{{page> | {{page> | ||
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ACCEPTED AND AGREED: [Signatures of Parties] | ACCEPTED AND AGREED: [Signatures of Parties] | ||
+ | ---- |