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Disney Enterprises, Inc. v. Yu

March 13, 2009

DISNEY ENTERPRISES, INC., PLAINTIFF,
v.
BYUNG SON YU, AN INDIVIDUAL AND D/B/A FASHION AMORE AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



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

[PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION

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 Byung Son Yu, an individual and d/b/a Fashion Amore ("Defendant"), on the other hand, and good cause appearing therefor, hereby:

ORDERS that based on the parties' stipulation and as to the parties only 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 Defendant.

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 his agents, servants, employees and all persons in active concert and participation with him 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 himself 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 Defendant 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 Defendant.

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 ...


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