Post by darkstar on Dec 16, 2005 2:05:21 GMT
FILED
LOS ANGELES SUPERIOR COURT Nov 21 2005
JOHN A CLARKE, CLERK
BY B. GREGG, DEPUTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
Case No. BC 289730
BC 294495
JUDGEMENT
JOHN DENSMORE, individually and on behalf of California general partnership comprised of John Densmore, the Estate of Jam es Morrison, and the Estate of Pamela Courson, Raymond Manzarek and Robert Krieger,
Plaintiff,
Vs.
RAYMOND MANZAREK, an individual; ROBERT KRIEGER, an individual; IAN ASTBURY, an individual; DOORS TOURING, INC., a California corporation; and Does 1 through 20 inclusive,
Defendants.
AND RELATED CROSS ACTION
PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of THE DOORS, a California general partnership, and GEORGE MORRISON and CLARA MORRISON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of the DOORS, a California general partnership, and PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON, and GEORGE MORRISON and CLARA MORRISON, individually with respect to the seventh cause of action,
Plaintiffs.
This action, consolidated for trial with its related case, came on regularly for trial, commencing on June 28, 2004 in Department 36 of the above-entitled Court.
On September 27, 2004, the jury reached a general verdict on the various causes of action submitted to them. For the reasons set forth in this Court’s Statement of Decision of July 21, 2005, and the general verdict of the jury, to the extent modified by the Statement of Decision, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED AS FOLLOWS:
I. ON DENSMORE’S CAUSES OF ACTION:
A. On Densmore’s First Cause Of Action For Violation of the Lanham Act, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of the defendants Manzarek, Krieger, Astbury and DTI.
B. On Densmore’s Second Cause Of Action for Common Law Unfair Competition, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of the defendants Manzarek, Krieger, Astbury, and DTI.
C. On Densmore’s Third Cause Of Action for Violation of Business & Professions Code Section 17200, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of the defendants Manzarek, Krieger, Astbury, and DTI.
D. On Densmore’s Fourth Cause Of Action for Breach of Oral Partnership brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of the defendants Manzarek, Krieger, Astbury and DTI.
E. On Densmore’s Fifth Cause Of Action For Breach of the 1971 New Doors Agreement, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of Densmore. Judgment is entered in favor of Densmore. As a result thereof, the Court issues the permanent injunction described in Section IV.1 hereof. In addition, Manzarek and Krieger shall pay to Densmore, by way of disgorgement, the amount that is subsequently determined by the Court pursuant to Section V of this Judgment.
F. On Densmore’s Sixth Cause of Action For Breach Of Fiduciary Duty, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of Densmore, on his behalf and on behalf of the Old Doors Partnership (whose partners are John Densmore, Columbus and Pearl Courson and George and Clara Morrison, Raymond Manzarek and Robert Krieger). As a result thereof, the Court issues the permanent injunction described in Section IV.1, hereof. In addition, Manzarek and Krieger shall pay to Densmore and the Old Doors Partnership (as defined herein) the amounts that are subsequently determined by the Court pursuant to Section V of this Judgment.
II. ON THE ESTATES’ CAUSE OF ACTION:
A. On the Estates’ First Cause Of Action For Violation of the Lanham Act, brought by Plaintiffs Columbus and Pearl Courson and Plaintiffs George and Clara Morrison (collectively referred to as the “Estates”) brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of Manzarek, Krieger and Astbury.
B. On the Estates’ Second Cause Of Action for Common Law Trademark Infringement, the jury found in favor of Manzarek, Krieger, and Astbury. Judgement is entered in favor of Manzarek, Krieger and Astbury.
C. On the Estates’ Third Cause Of Action For Common Law Unfair Competition, the jury found in favor of Manzarek, Krieger, and Astbury. Judgment is entered in favor of Manzarek, Krieger and Astbury.
D. On the Estates’ Fourth Cause Of Action For Violation Of Business & Professions Code Section 17200, the jury found in favor of Manzarek, Krieger and Astbury. Judgment is entered in favor of Manzarek, Krieger and Astbury.
E. On the Estates’ Fifth Cause Of Action For Violation Of Business & Professions Code Section 17500 (False Advertising), brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, judgment is entered in favor of the Estates as to defendants Manzarek and Krieger and in favor of defendant Astbury. As a result thereof, the Court issues a permanent injunction described in Sections IV.1 and IV.2, hereof.
F. On the Estates’ Sixth Cause Of Action For State Law Trademark Dilution in Violation of Business & Professions Code Section 14330, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of Manzarek, Krieger and Astbury.
G. On the Estates’ Seventh Cause Of Action For Violation Of The Right To Publicity, brought individually against defendants Manzarek, Krieger and Astbury, judgment is entered in favor of the Estates as to Manzarek and Krieger, and in favor of defendant Astbury. As a result thereof, the Court issues the permanent injunction described in Section IV.2, hereof. In addition, pursuant to Section 3344.1 of the California Civil Code, Manzarek and Krieger shall pay the Estates statutory damages in the total sum of $750.00.
H. On the Estates’ Eight Cause Of Action For Breach Of Contract, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants Manzarek and Krieger. Judgment is entered in favor of Manzarek and Krieger.
I. On the Estates’ Ninth Cause Of Action For Breach Of Implied In Fact Contract, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants Manzarek and Krieger. Judgment is entered in favor of Manzarek and Krieger.
J. On Estates’ Tenth Cause Of Action For Breach Of Fiduciary Duty, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of the Estates. Judgment is entered in favor of the Estates. Specifically, it is adjusted and determined that the Estates are partners of the oral partnerships known by the parties as the “Old Doors” and “Doors Music Co.”, and that the defendants breached their fiduciary duty to the Estates. The Court further finds that the “Old Doors” and “Doors Music Co.” Partnerships are governed by a rule of unanimous agreement when voting on partnership matters. In connection with this cause of action, the Court issues the permanent injunction described in Sections IV.1 and IV.2, hereof and orders the disgorgement described in Section V. hereof.
K. On the Estates’ Eleventh Cause Of Action For Imposition of Constructive Trust, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, judgment is entered in favor of the Estates against Manzarek and Krieger and judgment is entered in favor of Astbury. The Court’s judgment is that a constructive trust shall be, and hereby is, imposed on all profits earned by Manzarek and Krieger from and after April 18 2003, from touring (including the sale of merchandise, television rights, compact discs and DVDs), performing, and recording as The Doors or The Doors of the 21st Century. The definition of profits, and the amount thereof, shall be determined by the Court as set forth in Section V. hereof.
L. On the Estates’ Twelfth Cause Of Action For An Accounting, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership against Manzarek and Krieger and judgment is entered in favor of Astbury. The Court’s judgment is that an accounting shall be, and hereby is, ordered to determine all profits earned by Manzarek and Krieger from and after April 18 2003 and from touring (including the sale of merchandise, television rights, compact disks and DVDs), performing, and recording as, The Doors or The Doors of the 21st Century. The definition of profits, the amount thereof, and the procedure for the accounting, shall be followed and determined as set forth in Section V hereof.
III. MANZAREK AND KRIEGER’S CAUSES OF ACTION IN THE CROSS-COMPLAINT:
A. On Manzarek and Krieger’s First Cause Of Action For Breach Of Fiduciary Duty against Densmore, the jury found Densmore liable but awarded no damages. Judgment is entered in favor of Densmore.
B. On Manzarek and Krieger’s Second Cause Of Action For Breach Of The Covenant Of Good Faith and Fair Dealing against Densmore, the jury found Densmore liable but awarded no damages. Judgment is entered in favor of Desmore.
C. On Manzarek and Krieger’s Third Cause Of Action For Promissory Estoppel against Densmore, the jury found Densmore liable but awarded no damages. Judgment is entered in favor of Densmore.
D. On Manzarek and Krieger’s Fifth Cause Of Action For Violation Of California Business & Professions Section 17200, the jury found in favor of Densmore. Judgment is entered in favor of Densmore.
E. On Manzarek and Krieger’s Sixth Cause Of Action For Declaratory Relief, the Court enters judgment as follows with regard to the rights and obligations of the parties:
1. The name The Doors was owned by the Old Doors Partnership, and now is owned by a partnership whose partners today are Densmore, Manzarek, Krieger, Columbus and Pearl Courson, and George and Clara Morrison (hereinafter the “Old Doors Partnership”);
2. The name The Doors has never been abandoned by the Old Doors Partnership, or its predecessor or affiliates, for any purpose whatsoever, including, but not limited to, performing, recording or merchandising and remained a strong mark for other purposes related to the music of The Doors. The Doors have not cause the name The Doors to become generic and/or otherwise lose its significance;
3. The rule of governance of the Old Doors Partnership and the Doors Music Co. Partnership is by the rule of unanimous agreement among all the parties. Each of the Estates, Columbus and Pearl Courson on the one hand, and George and Clara Morrison, on the other hand, possesses a half-vote. The Estates would have to unanimously oppose an action or business opportunity to prevent the others from accepting it;
4. Without the written permission of all of the partners of the Old Doors partnership, Manzarek and Krieger have no right to perform and tour in a band called The Doors or The Doors of the 21st Century or any band that includes the word “Doors,” and no such permission has been given for any concert performance from and after December 31, 2002;
5. At the time Densmore, Manzarek and Krieger entered into the written partnership agreements among them in 1971 (being the original agreement dated as of January 1, 1967, and its amendment, and the agreement dated as of October 1, 1971) there was a clear meeting of the minds, and the agreements are enforceable;
F. On Manzarek and Krieger’s Seventh Cause Of Action For Reformation against Densmore, the Court finds no legally recognizable basis for reforming the agreement among the parties, and enters judgment in favor of Denmore.
IV. ORDER OF PERMANENT INJUNCTION
1. Defendants Manzarek and Krieger, and those acting in concert with them, including their agent, representatives, and employees, are permanently enjoined from performing, touring, promoting their band, recording, and otherwise holding themselves out as The Doors, The Doors of the 21st Century, or any other name that includes the words The Doors without the written consent of all of the partners of the Old Doors, which partners today are Densmore, Manzarek, Krieger, the Morrisons and the Coursons.
2. This injunction does not prevent Manzarek and Krieger from identifying themselves as the founding or original members of The Doors as long as: 1) the names Manzarek and Krieger be listed first either to the left or above any other wording, 2) the words “original” or “founding” and “members of The Doors” are in the same or smaller type font size than the names Manzarek and Krieger, and 3) the name “The Doors” is not displayed in the classic Doors logo, which is the round letters with the diagonal intersections and the “wavy gravy” font for the word “the” displayed on the Doors’ debut record in 1967, or any font similar in style to the classic Doors logo.
3. Defendants Manzarek and Krieger, and those acting in concert with them, including their agents, representatives, and employees, are permanently enjoined from using the name, voice, likeness, or image of Jim Morrison to promote any concerts performed or to be performed by them.
V. ORDER OF ACCOUNTING AND DISGORGEMENT OF PROFITS IN FAVOR OF DENSMORE AND THE ESTATES:
1. All profits (meaning all revenues less operating expenses other than legal fees for the defense of this litigation and salaries to any defendant herein) earned by Manzarek and Krieger from touring, performing, and recording as The Doors or The Doors of the 21st Century (including merchandising income and income from Diamond Night Productions, LLC) be immediately divested of Manzarek and Krieger and turned over to Densmore and the Old Doors Partnership, as described below. The profits are to be distributed as follows:
(a) One-third of all profits (as defined above) from January 1, 2003 through April 18, 2003, be delivered to Densmore; and
(b) All profits (as defined above) after April 18, 2003 to be turned over to the Old Doors Partnership.
VI. ADDITIONAL MATTERS
1. Manzarek and Krieger shall pay Densmore costs in the amount of $______________________________.
2. Manzarek and Krieger shall pay to Densmore attorney’s fees in the amount of $______________________________,
3. Manzarek and Krieger shall pay the Estates costs in the amount of $______________________________.
4. Manzarek and Krieger shall pay to the Estates attorney’s fees in the amount of $____________________________.
5. The Estates shall pay to Astbury costs in the amount of $______________________________.
6. The Estates shall pay to Astbury attorney’s fees in the amount of $______________________________.
7. The Estates shall pay to Doors Touring, Inc. costs in the amount of $______________________________.
8. Densmore shall pay to Doors Touring, Inc. costs in the amount of $______________________________.
9. Densmore shall pay to Astbury costs in the amount of $______________________________.
IT IS SO ORDERED.
DATED: November 21, 2005
By: Hon. Gregory W. Alarcon
Superior Court Judge
NOTE: There is NO Fourth Case of action stated in this document under section III “MANZAREK AND KRIEGER’S CAUSES OF ACTION IN THE CROSS-COMPLAINT.”
LOS ANGELES SUPERIOR COURT Nov 21 2005
JOHN A CLARKE, CLERK
BY B. GREGG, DEPUTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
Case No. BC 289730
BC 294495
JUDGEMENT
JOHN DENSMORE, individually and on behalf of California general partnership comprised of John Densmore, the Estate of Jam es Morrison, and the Estate of Pamela Courson, Raymond Manzarek and Robert Krieger,
Plaintiff,
Vs.
RAYMOND MANZAREK, an individual; ROBERT KRIEGER, an individual; IAN ASTBURY, an individual; DOORS TOURING, INC., a California corporation; and Does 1 through 20 inclusive,
Defendants.
AND RELATED CROSS ACTION
PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of THE DOORS, a California general partnership, and GEORGE MORRISON and CLARA MORRISON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of the DOORS, a California general partnership, and PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON, and GEORGE MORRISON and CLARA MORRISON, individually with respect to the seventh cause of action,
Plaintiffs.
This action, consolidated for trial with its related case, came on regularly for trial, commencing on June 28, 2004 in Department 36 of the above-entitled Court.
On September 27, 2004, the jury reached a general verdict on the various causes of action submitted to them. For the reasons set forth in this Court’s Statement of Decision of July 21, 2005, and the general verdict of the jury, to the extent modified by the Statement of Decision, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED AS FOLLOWS:
I. ON DENSMORE’S CAUSES OF ACTION:
A. On Densmore’s First Cause Of Action For Violation of the Lanham Act, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of the defendants Manzarek, Krieger, Astbury and DTI.
B. On Densmore’s Second Cause Of Action for Common Law Unfair Competition, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of the defendants Manzarek, Krieger, Astbury, and DTI.
C. On Densmore’s Third Cause Of Action for Violation of Business & Professions Code Section 17200, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of the defendants Manzarek, Krieger, Astbury, and DTI.
D. On Densmore’s Fourth Cause Of Action for Breach of Oral Partnership brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of the defendants Manzarek, Krieger, Astbury and DTI.
E. On Densmore’s Fifth Cause Of Action For Breach of the 1971 New Doors Agreement, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of Densmore. Judgment is entered in favor of Densmore. As a result thereof, the Court issues the permanent injunction described in Section IV.1 hereof. In addition, Manzarek and Krieger shall pay to Densmore, by way of disgorgement, the amount that is subsequently determined by the Court pursuant to Section V of this Judgment.
F. On Densmore’s Sixth Cause of Action For Breach Of Fiduciary Duty, brought individually and on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of Densmore, on his behalf and on behalf of the Old Doors Partnership (whose partners are John Densmore, Columbus and Pearl Courson and George and Clara Morrison, Raymond Manzarek and Robert Krieger). As a result thereof, the Court issues the permanent injunction described in Section IV.1, hereof. In addition, Manzarek and Krieger shall pay to Densmore and the Old Doors Partnership (as defined herein) the amounts that are subsequently determined by the Court pursuant to Section V of this Judgment.
II. ON THE ESTATES’ CAUSE OF ACTION:
A. On the Estates’ First Cause Of Action For Violation of the Lanham Act, brought by Plaintiffs Columbus and Pearl Courson and Plaintiffs George and Clara Morrison (collectively referred to as the “Estates”) brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of Manzarek, Krieger and Astbury.
B. On the Estates’ Second Cause Of Action for Common Law Trademark Infringement, the jury found in favor of Manzarek, Krieger, and Astbury. Judgement is entered in favor of Manzarek, Krieger and Astbury.
C. On the Estates’ Third Cause Of Action For Common Law Unfair Competition, the jury found in favor of Manzarek, Krieger, and Astbury. Judgment is entered in favor of Manzarek, Krieger and Astbury.
D. On the Estates’ Fourth Cause Of Action For Violation Of Business & Professions Code Section 17200, the jury found in favor of Manzarek, Krieger and Astbury. Judgment is entered in favor of Manzarek, Krieger and Astbury.
E. On the Estates’ Fifth Cause Of Action For Violation Of Business & Professions Code Section 17500 (False Advertising), brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, judgment is entered in favor of the Estates as to defendants Manzarek and Krieger and in favor of defendant Astbury. As a result thereof, the Court issues a permanent injunction described in Sections IV.1 and IV.2, hereof.
F. On the Estates’ Sixth Cause Of Action For State Law Trademark Dilution in Violation of Business & Professions Code Section 14330, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants. Judgment is entered in favor of Manzarek, Krieger and Astbury.
G. On the Estates’ Seventh Cause Of Action For Violation Of The Right To Publicity, brought individually against defendants Manzarek, Krieger and Astbury, judgment is entered in favor of the Estates as to Manzarek and Krieger, and in favor of defendant Astbury. As a result thereof, the Court issues the permanent injunction described in Section IV.2, hereof. In addition, pursuant to Section 3344.1 of the California Civil Code, Manzarek and Krieger shall pay the Estates statutory damages in the total sum of $750.00.
H. On the Estates’ Eight Cause Of Action For Breach Of Contract, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants Manzarek and Krieger. Judgment is entered in favor of Manzarek and Krieger.
I. On the Estates’ Ninth Cause Of Action For Breach Of Implied In Fact Contract, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of defendants Manzarek and Krieger. Judgment is entered in favor of Manzarek and Krieger.
J. On Estates’ Tenth Cause Of Action For Breach Of Fiduciary Duty, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, the jury found in favor of the Estates. Judgment is entered in favor of the Estates. Specifically, it is adjusted and determined that the Estates are partners of the oral partnerships known by the parties as the “Old Doors” and “Doors Music Co.”, and that the defendants breached their fiduciary duty to the Estates. The Court further finds that the “Old Doors” and “Doors Music Co.” Partnerships are governed by a rule of unanimous agreement when voting on partnership matters. In connection with this cause of action, the Court issues the permanent injunction described in Sections IV.1 and IV.2, hereof and orders the disgorgement described in Section V. hereof.
K. On the Estates’ Eleventh Cause Of Action For Imposition of Constructive Trust, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership, judgment is entered in favor of the Estates against Manzarek and Krieger and judgment is entered in favor of Astbury. The Court’s judgment is that a constructive trust shall be, and hereby is, imposed on all profits earned by Manzarek and Krieger from and after April 18 2003, from touring (including the sale of merchandise, television rights, compact discs and DVDs), performing, and recording as The Doors or The Doors of the 21st Century. The definition of profits, and the amount thereof, shall be determined by the Court as set forth in Section V. hereof.
L. On the Estates’ Twelfth Cause Of Action For An Accounting, brought on behalf of the Doors Music Co. Partnership and the Old Doors Partnership against Manzarek and Krieger and judgment is entered in favor of Astbury. The Court’s judgment is that an accounting shall be, and hereby is, ordered to determine all profits earned by Manzarek and Krieger from and after April 18 2003 and from touring (including the sale of merchandise, television rights, compact disks and DVDs), performing, and recording as, The Doors or The Doors of the 21st Century. The definition of profits, the amount thereof, and the procedure for the accounting, shall be followed and determined as set forth in Section V hereof.
III. MANZAREK AND KRIEGER’S CAUSES OF ACTION IN THE CROSS-COMPLAINT:
A. On Manzarek and Krieger’s First Cause Of Action For Breach Of Fiduciary Duty against Densmore, the jury found Densmore liable but awarded no damages. Judgment is entered in favor of Densmore.
B. On Manzarek and Krieger’s Second Cause Of Action For Breach Of The Covenant Of Good Faith and Fair Dealing against Densmore, the jury found Densmore liable but awarded no damages. Judgment is entered in favor of Desmore.
C. On Manzarek and Krieger’s Third Cause Of Action For Promissory Estoppel against Densmore, the jury found Densmore liable but awarded no damages. Judgment is entered in favor of Densmore.
D. On Manzarek and Krieger’s Fifth Cause Of Action For Violation Of California Business & Professions Section 17200, the jury found in favor of Densmore. Judgment is entered in favor of Densmore.
E. On Manzarek and Krieger’s Sixth Cause Of Action For Declaratory Relief, the Court enters judgment as follows with regard to the rights and obligations of the parties:
1. The name The Doors was owned by the Old Doors Partnership, and now is owned by a partnership whose partners today are Densmore, Manzarek, Krieger, Columbus and Pearl Courson, and George and Clara Morrison (hereinafter the “Old Doors Partnership”);
2. The name The Doors has never been abandoned by the Old Doors Partnership, or its predecessor or affiliates, for any purpose whatsoever, including, but not limited to, performing, recording or merchandising and remained a strong mark for other purposes related to the music of The Doors. The Doors have not cause the name The Doors to become generic and/or otherwise lose its significance;
3. The rule of governance of the Old Doors Partnership and the Doors Music Co. Partnership is by the rule of unanimous agreement among all the parties. Each of the Estates, Columbus and Pearl Courson on the one hand, and George and Clara Morrison, on the other hand, possesses a half-vote. The Estates would have to unanimously oppose an action or business opportunity to prevent the others from accepting it;
4. Without the written permission of all of the partners of the Old Doors partnership, Manzarek and Krieger have no right to perform and tour in a band called The Doors or The Doors of the 21st Century or any band that includes the word “Doors,” and no such permission has been given for any concert performance from and after December 31, 2002;
5. At the time Densmore, Manzarek and Krieger entered into the written partnership agreements among them in 1971 (being the original agreement dated as of January 1, 1967, and its amendment, and the agreement dated as of October 1, 1971) there was a clear meeting of the minds, and the agreements are enforceable;
F. On Manzarek and Krieger’s Seventh Cause Of Action For Reformation against Densmore, the Court finds no legally recognizable basis for reforming the agreement among the parties, and enters judgment in favor of Denmore.
IV. ORDER OF PERMANENT INJUNCTION
1. Defendants Manzarek and Krieger, and those acting in concert with them, including their agent, representatives, and employees, are permanently enjoined from performing, touring, promoting their band, recording, and otherwise holding themselves out as The Doors, The Doors of the 21st Century, or any other name that includes the words The Doors without the written consent of all of the partners of the Old Doors, which partners today are Densmore, Manzarek, Krieger, the Morrisons and the Coursons.
2. This injunction does not prevent Manzarek and Krieger from identifying themselves as the founding or original members of The Doors as long as: 1) the names Manzarek and Krieger be listed first either to the left or above any other wording, 2) the words “original” or “founding” and “members of The Doors” are in the same or smaller type font size than the names Manzarek and Krieger, and 3) the name “The Doors” is not displayed in the classic Doors logo, which is the round letters with the diagonal intersections and the “wavy gravy” font for the word “the” displayed on the Doors’ debut record in 1967, or any font similar in style to the classic Doors logo.
3. Defendants Manzarek and Krieger, and those acting in concert with them, including their agents, representatives, and employees, are permanently enjoined from using the name, voice, likeness, or image of Jim Morrison to promote any concerts performed or to be performed by them.
V. ORDER OF ACCOUNTING AND DISGORGEMENT OF PROFITS IN FAVOR OF DENSMORE AND THE ESTATES:
1. All profits (meaning all revenues less operating expenses other than legal fees for the defense of this litigation and salaries to any defendant herein) earned by Manzarek and Krieger from touring, performing, and recording as The Doors or The Doors of the 21st Century (including merchandising income and income from Diamond Night Productions, LLC) be immediately divested of Manzarek and Krieger and turned over to Densmore and the Old Doors Partnership, as described below. The profits are to be distributed as follows:
(a) One-third of all profits (as defined above) from January 1, 2003 through April 18, 2003, be delivered to Densmore; and
(b) All profits (as defined above) after April 18, 2003 to be turned over to the Old Doors Partnership.
VI. ADDITIONAL MATTERS
1. Manzarek and Krieger shall pay Densmore costs in the amount of $______________________________.
2. Manzarek and Krieger shall pay to Densmore attorney’s fees in the amount of $______________________________,
3. Manzarek and Krieger shall pay the Estates costs in the amount of $______________________________.
4. Manzarek and Krieger shall pay to the Estates attorney’s fees in the amount of $____________________________.
5. The Estates shall pay to Astbury costs in the amount of $______________________________.
6. The Estates shall pay to Astbury attorney’s fees in the amount of $______________________________.
7. The Estates shall pay to Doors Touring, Inc. costs in the amount of $______________________________.
8. Densmore shall pay to Doors Touring, Inc. costs in the amount of $______________________________.
9. Densmore shall pay to Astbury costs in the amount of $______________________________.
IT IS SO ORDERED.
DATED: November 21, 2005
By: Hon. Gregory W. Alarcon
Superior Court Judge
NOTE: There is NO Fourth Case of action stated in this document under section III “MANZAREK AND KRIEGER’S CAUSES OF ACTION IN THE CROSS-COMPLAINT.”