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WARNER BROS. ENTERTAINMENT v. X ONE X PRODUCTIONS

No. 10-1743.

644 F.3d 584 (2011)

WARNER BROS. ENTERTAINMENT, INC.; Warner Bros. Consumer Products, Inc.; Turner Entertainment Co., Appellees, v. X ONE X PRODUCTIONS, doing business as X One X Movie Archives, Inc.; A.V.E.L.A., Inc., doing business as Art & Vintage Entertainment Licensing Agency; Art-Nostalgia.com, Inc.; Leo Valencia, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2011.

Attorney(s) appearing for the Case

Douglas D. Winter, argued, Los Angeles, CA, Michael E. Bub, on the brief, St. Louis, MO, for appellant.

Sondra Hemeryck, argued, Chicago, IL, Elizabeth C. Carver, St. Louis, MO, Frederick J. Sperling, Chicago, IL, on the brief, for appellee.

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

A.V.E.L.A., Inc., X One X Productions, and Art-Nostalgia.com, Inc. (collectively, "AVELA") appeal a permanent injunction prohibiting them from licensing certain images extracted from publicity materials for the films Gone with the Wind and The Wizard of Oz, as well as several animated short films featuring the cat-and-mouse duo "Tom & Jerry." The district court issued the permanent injunction after granting summary judgment...

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