UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

FLORIDA AGRICULTURAL AND

MECHANICAL UNIVERSITY BOARD

OF TRUSTEES (“FAMU TRUSTEES”),

Plaintiff, CASE NO.: 4:10-CV-100-RH-WCS

v.

RK NETMEDIA, INC., a Florida

Corporation, and John/Jane Does 1-8,

Defendants.

/

CONSENT FINAL JUDGMENT

This action came before the Court on the Parties’ Joint Stipulation and

Motion for Rendition of Consent Final Judgment, and based thereon it is hereby

ORDERED and ADJUDGED that:

1. RK NETMEDIA shall not:

A. Violate Florida Agricultural and Mechanical University’s marks

through the sale, offer for sale, manufacture, and distribution of

goods or services on the internet;

B. Make any statements or representation whatsoever, or use any

false designation of origin or false description, or perform any act,

which is likely to lead the trade or public, or individual members

thereof, to believe that any service or product manufactured,

distributed, produced or sold by RK NETMEDIA is in any way or

manner, associated or connected with Florida Agricultural and

Mechanical University, or are sold, manufactured, licensed,

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sponsored, approved, or authorized by Florida Agricultural and

Mechanical University; and,

C. Commit or undertake any action which constitutes an infringement

of Florida Agricultural and Mechanical University’s trademarks,

copyrights or other intellectual property rights.

2. This Consent Final Judgment shall be binding on RK NETMEDIA and its

officers, agents, and employees, and on those persons and entities in active

concert or participation with RK NETMEDIA who receive actual notice of the

provisions contained herein. 

3. RK NETMEDIA shall use its reasonable, good faith efforts to attempt to

monitor, prevent and stop any and all other persons and entities from

displaying the Video or otherwise making available for viewing the Video on

any internet website.

4. Within thirty (30) days of the Court’s rendition of this Consent Final

Judgment, RK NETMEDIA shall:

A. Destroy all copies of the subject Video in its care, custody or

control, except for one (1) copy which shall be retained by its

records keeper for purposes of complying with federal law;

specifically Title18 U.S.C. § 2257 and 28 C.F.R. § 75.1 et seq.;

B. Prepare and deliver to Counsel for FAMU TRUSTEES a report in

writing under oath setting forth in detail the manner and form of

compliance with subparagraph A, above;

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C. Prepare and execute a mutually acceptable perpetual, exclusive,

irrevocable worldwide and non-assignable license to FAMU

TRUSTEES for the subject Video excepting any and all RK

NETMEDIA service and trademarks;

D. Pay and deliver cleared funds to FAMU TRUSTEES in the total

amount of $105,000.00 for the sponsorship of two (2) Scholarships

for two (2) “in-state” undergraduate students at Florida Agricultural

and Mechanical University by delivery of two (2) equal payments to

FAMU TRUSTEES in the amount of fifty-two thousand five hundred

dollars ($52,500.00). The first payment shall be made and

delivered within thirty (30) days of rendition of this Consent Final

Judgment and the second payment shall be made and delivered

within five (5) days of the first anniversary of the delivery of RK

NETMEDIA’s first payment hereunder; and,

E. Issue substantially the following press release: “RK NETMEDIA

regrets and apologizes for releasing the video. RK NETMEDIA

greatly respects the Florida Agricultural and Mechanical University

and is pleased to fully fund two (2) scholarships for two (2)

deserving Florida residents.”

5. Pursuant to the agreement of the Parties, RK NETMEDIA shall pay a total

sum of $15,000.00 to FAMU TRUSTEES within thirty (30) days of the date

of this Consent Final Judgment in full satisfaction of any claim for attorneys’

fees incurred by FAMU TRUSTEES in the above-styled case. Other than

this payment, each Party shall bear its own costs and attorneys fees.

6. The Doe Defendants are dropped as Parties and this action is dismissed

with prejudice. 

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7. The Court reserves jurisdiction over this action for the purpose of issuing all

further Orders necessary to enforce this Consent Final Judgment.

SO ORDERED on May 6, 2010.

s/Robert L. Hinkle 

United States District Judge

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