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Disney Enterprises, Inc. v. Saavedra

March 3, 2009

DISNEY ENTERPRISES, INC., PLAINTIFF,
v.
ELIZA SAAVEDRA A/K/A ELIZA NUNEZ A/K/A ELIZA NUNEZ SAAVEDRA, AN INDIVIDUAL AND D/B/A MEGA PARTY, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Percy Anderson Judge, United States District Court for the Central District of California

CONSENT DECREE PURSUANT TO STIPULATION

NOTE: CHANGES MADE BY THE COURT

The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiff Disney Enterprises, Inc. ("Plaintiff"), on the one hand, and Defendant Eliza Saavedra a/k/a Eliza Nunez a/k/a Eliza Nunez Saavedra, an individual and d/b/a Mega Party ("Defendant"), on the other hand, and good cause appearing therefor, hereby:

ORDERS that this Consent Decree shall be and is hereby entered in the within action as follows:

1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq., 17 U.S.C. § 501, 15 U.S.C. § 1051 et seq., 15 U.S.C. § 1121, 28 U.S.C. §§ 1331 and 1338, and 28 U.S.C. § 1367. Service of process was properly made against Defendants, and each of them.

2) Plaintiff is the owner of all rights in and to the copyright and trademark registrations listed in Exhibits "A" and "B," attached hereto and incorporated herein by this reference, and the copyrights and trademarks associated with the same. (The characters, images, trademarks and copyrights identified in Exhibits A and B are collectively referred to herein as "Plaintiff's Properties.")

3) Plaintiff has expended considerable resources in the creation and commercial exploitation of Plaintiff's Properties on merchandise such as clothing and other products, and in the enforcement of its intellectual property rights in Plaintiff's Properties.

4) Plaintiff has alleged that the Defendant has made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.

5) The Defendant and her agents, servants, employees and all persons in active concert and participation with them who receive actual notice of the injunction are hereby restrained and enjoined from:

a) Infringing Plaintiff's trademarks in Plaintiff's Properties, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, advertising, selling, offering for sale, any unauthorized product which features any of Plaintiff's Properties ("Unauthorized Products"), and, specifically:

b) Importing, manufacturing, distributing, advertising, selling, offering for sale, the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;

c) Importing, manufacturing, distributing, advertising, selling, offering for sale, renting or offering to rent in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiff's Properties;

d) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, the Defendant's customers and/or members of the public to believe, the actions of the Defendant, the products sold by Defendant, or the Defendant herself are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are affiliated with Plaintiff;

e) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, selling, offering for sale, or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff.

6) Each side shall bear its own fees and costs of suit.

7) Except as provided herein, all claims alleged in the Complaint against Defendants are dismissed with prejudice.

8) This Consent Decree shall be deemed to have been served upon Defendant at the time of its execution by the Court.

9) The Court finds there is no just reason for delay in entering this Consent Decree and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Consent Decree against Defendants.

10) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Consent Decree.

EXHIBIT A

DISNEY'S COPYRIGHTED DESIGNS

Copyright

Registration Title of Work

(Character) Type of Work

VA 58 937 Mickey - 1 (Mickey Mouse) Model Sheet VA 58 938 Minnie - 1 (Minnie Mouse) Model Sheet Gp 80 184 Donald Duck Publications

Model Sheet

VA 58 933 Daisy - 1 (Daisy Duck) Model Sheet VA 58 936 Goofy -1 (Goofy) Model Sheet Gp 80 192 Pluto Publications

Model Sheet

VAu 64 814 Baby Mickey Model Sheet VAu 64 814 Baby Minnie Model Sheet VAu 73 216 Baby Donald Duck Model Sheet VAu 73 217 Baby Daisy Duck Model Sheet VAu 83 225 Baby Goofy Model Sheet VAu 73 219 Baby Pluto Model Sheet

R 48 971 Disney's Uncle Scrooge in Only a Poor

Old Man Comic Strip

RE 424 728 Walt Disney's Ludwig von Drake Comic Strip Gp 105 126 Horace Horsecollar Model Sheet R 567 615 Chip Model Sheet R 567 614 Dale Model Sheet VA 184 345 Huey, Dewey & Louie -1 Model Sheet Gp 105 128 Clarabelle Cow Model Sheet RE 636 587 Winnie the Pooh and the Honey Tree Motion Picture RE 718 378 Winnie the Pooh and the Blustery

Day Motion Picture

VA 58 940 Pooh - 1 (Winnie the Pooh) Model Sheet Gp 81 528 Rabbit Publications

Model Sheet

Gp 81 528 Owl Publications

Model Sheet

Gp 85 651 Kanga and Roo Publications

Model Sheet

Gp 81 528 Eeyore Publications

Model Sheet

Gp 81 528 Piglet Publications

Model Sheet

Gp 81 528 Gopher Publications

Model Sheet

Gp 81 527 Tigger Publications

Model Sheet

R 354 235 Snow White and the Seven Dwarfs Motion Picture R 346 870 Bashful Drawings R 346 869 Doc Drawings R 346 875 Dopey Drawings R 346 876 Grumpy Drawings R 346 871 Happy Drawings R 346 874 Sleepy Drawings R 346 873 Sneezy Drawings R 346 872 Snow White Drawings R 346 868 Snow White "Witch" Drawings R 406 910 Pinocchio Motion Picture Gp 80 186 Pinocchio Publications

Model Sheet Gp 80 188 Jiminy Cricket Publications

Model Sheet R 427 860 Fantasia Motion Picture R 433 627 The Reluctant Dragon Motion Picture R 442 538 Dumbo Motion Picture R 428 428 Dumbo Suggestions for Dumbo Drawing R 428 420 Mother Elephant Suggestions for "Dumbo" Drawing R 428 430 Dumbo Ringmaster Suggestions 1348 Drawing R 428 427 Dumbo - Stork Suggestions Drawing R 428 426 Timothy Mouse Suggestions Drawing R 428 432 Dumbo "Miscellaneous Crows" - 2006 Drawing R 458 260 Bambi Motion Picture R 433 645 Bambi - Bambi Drawing R 433 630 Bambi - Final Thumper Model - 2002 Drawing R 433 631 Bambi - Skunk Model - 2002 Drawing R 433 636 Bambi - Owl and Stag Models Drawing R 433 632 Faline "Adolescent Age" Drawing R 433 633 Bambi's Mother Drawing R 467 541 Saludos Amigos Motion Picture R 464 785 Joe Carioca Drawing R 516 560 The Three Caballeros Motion Picture R 550 316 Make Mine Music Motion Picture R 557 922 Song of the South Motion Picture R 548 629 Brer Rabbit Drawing R 548 626 Brer Bear Drawing R 577 489 Fun and Fancy Free Motion Picture R 605 180 Melody Time Motion Picture R 636 303 The Adventures of Ichabod & Mr. Toad Motion Picture R 648 396 Cinderella Motion Picture R 632 319 Cinderella Copyright Booklet R 632 319 Drizella Copyright Booklet R 632 319 Anastasia Copyright Booklet R 632 319 Stepmother Copyright Booklet R 632 319 Fairy Godmother Copyright Booklet R 632 319 Prince Copyright Booklet R 632 319 Bruno, the Dog Copyright Booklet R 632 319 Lucifer, the Cat Copyright Booklet R 632 319 Jaq and Gus Copyright Booklet RE 27 746 Alice in Wonderland Motion Picture

VA 58 920 Alice - 1 (Alice) Model Sheet VA 58 919 Alice - 2 (The White Rabbit) Model Sheet VA 58 921 Alice -- 3 (Queen of Hearts) Model Sheet VA 58 922 Alice - 4 (Cheshire Cat) Model Sheet VA 58 923 Alice - 5 (Caterpillar) Model Sheet VA 58 924 Alice - 6 (Tweedledee and

Tweedledum) Model Sheet

VA 58 922 March Hare Model Sheet VA 58 922 Mad Hatter Model Sheet RE 64 027 Peter Pan Motion Picture RE 66 285 Peter Pan Coloring Book RE 66 285 Tinkerbell Coloring Book RE 66 285 Captain Hook Coloring Book RE 66 285 Mr. Smee Coloring Book RE 66 285 Nana Coloring Book RE 162 852 Lady and the Tramp Motion Picture RE 101 764 Lady Previews of

Pictures

RE 101 764 Tramp Previews of

Pictures

RE 296 296 Sleeping Beauty Motion Picture RE 246 671 Princess Aurora Book RE 246 671 Prince Phillip Book RE 246 671 Maleficent/Dragon Book RE 370 901 One Hundred and One Dalmatians Motion Picture RE 546 478 The Sword in the Stone Motion Picture RE 557 357 Archimedes Copyright Booklet RE 557 357 Merlin Copyright Booklet RE 557 357 Wart/Arthur Copyright Booklet RE 557 357 Madame Mim Copyright Booklet RE 571 201 Mary Poppins Motion Picture RE 705 510 The Jungle Book Motion Picture RE 679 798 Mowgli Drawing RE 679 799 Baloo Drawing RE 679 795 Bagheera Drawing RE 679 805 King Louie Drawing RE 679 797 Kaa Drawing RE 679 807 Shere Khan Drawing Lp 38 283 The Aristocats Motion Picture Gu 44 754 O'Malley Drawing Gu 44 750 Duchess Drawing Gu 44 748 Edgar Drawing Gu 44 745 Roquefort Drawing VA 1-099-033 Marie Valentine Spring 2002 Style Guide

Lp 39 817 Bedknobs and Broomsticks Motion Picture Gu 46 904 Crocky Drawing Gu 46 908 Sailor Bear Drawing Gu 46 906 Codfish Drawing Gu 46 917 Secretary Bird ...


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