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DC Comics, Sanrio, Inc. v. Jese Trading

November 11, 2009

DC COMICS, SANRIO, INC. AND DISNEY ENTERPRISES, INC., PLAINTIFFS,
v.
JESE TRADING, INC., MAXIMA TRADING CO., MAXIMA TRADING INVESTMENT CORP., MAXIMA 20, SE WOONG MOON, AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Philip S. Gutierrez 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 Plaintiffs DC Comics, Sanrio, Inc. and Disney Enterprises, Inc. (collectively "Plaintiffs"), on the one hand, and Defendants Jese Trading, Inc., Maxima Trading Co., Maxima Trading Investment Corp., Maxima 20 and Se Woong Moon (collectively "Defendants"), 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) DC Comics 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.

3) Sanrio, Inc. is the owner of all rights in and to the copyright and trademark registrations listed in Exhibits "C" and "D", attached hereto and incorporated herein by this reference, and the copyrights and trademarks associated with the same.

4) Disney Enterprises, Inc. is the owner of all rights in and to the copyright and trademark registrations listed in Exhibits "E" and "F" 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, B, C, D, E and F are collectively referred to herein as "Plaintiffs' Properties.")

5) Plaintiffs have expended considerable resources in the creation and commercial exploitation of Plaintiffs' Properties on merchandise such as clothing and other products, and in the enforcement of their intellectual property rights in Plaintiffs' Properties.

6) Plaintiffs have alleged that the Defendants, and each of them, have made unauthorized uses of Plaintiffs' Properties or substantially similar likenesses or colorable imitations thereof.

7) The Defendants and their 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 Plaintiffs' copyrights and trademarks in Plaintiffs' 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 Plaintiffs' 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 Plaintiffs' 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 Plaintiffs' Properties;

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

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 Plaintiffs.

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

9) This Consent Decree shall be deemed to have been served upon Defendants, and each of them, at the time of its execution by the Court.

10) 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.

11) 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

DC COMICS' COPYRIGHTED DESIGNS

Copyright Registration Title of Work

(Character) Type of Work

DC Comics Anti-Piracy Guide

Batman

Robin Superman Wonderwoman

Txu 1-080-661

Style Guide

Supergirl Justice League

RE-627-502 Superman Prints and pictorial illustrations

TX 5-581-762 Superman Monthly Publication TX 3-221-758 Superman Style Guide

RE-33-050 Superman; comic strip Periodicals RE-143-861 Superman wrist watches; Prints and pictorial illustrations

RE-185-226 Superman--America's greatest adventure character Books VA-1-258-002 Superman 2004 calendar RE-628-242 Batman No. 170, Mar. 1965 Periodicals TX 5-593-461 Batman Monthly Publication RE-628-244 Detective Comics No. 337, Mar.

1965 Periodicals TX-3-402-770 DC Comics presents Batman 3 D visual arts

TX-4-183-766 Batman: the terror of two-face nondramatic literary works, computer programs

nondramatic literary works, computer programs

TX-5-871-232 The DC Comics guide to writing comics

TXu-532-372 DC Comics style guide. visual arts VA-776-450 DC Comics Super Heros visual arts VA-777-441 DC Comics Super Heroes Paint

'n' Marker book visual arts VA-777-593 DC Comics Super Heroes: a giant coloring book. visual arts VA-795-718 DC Comics super heroes sticker fun. visual arts VA-838-902 DC Comics Super Heroes. visual arts VA-854-405 DC Comics Super Heroes, gallery of heroes visual arts

TX-5-060-774 Batman & Demon nondramatic literary works, computer programs

VA-839-545 Batman & Mr. Freeze: SubZero-

-chill out visual arts PAu-1-865-982 Batman 3: the final battle Screenplay

TX-5-626-631 Batman year two: fear the reaper nondramatic literary works, computer programs

TXu-838-199 Knight Force Batman Style Guide

EXHIBIT B

DC COMICS' TRADEMARKS

Trademark Trademark Registration

No. Trademark Registration

Date

Batman 839561 (Serial Number

72256580) November 28, 1967

Batman 1221720 (Serial Number

73363779) December 28, 1982 Batman 1,587,507 March 20, 1990

Batman & Rep. 382,770 (Serial Number

71430950) November 12, 1940

Batman & Rep. 804709 (Serial Number

72218464) March 1, 1966 Batman & Robin 2,171,937 July 7, 1998

Batman & Robin 2404483 (Serial Number

75301608) November 14, 2000 Batman Beyond 2,762,067 September 9, 2003

The Batman Rep. 378,913 (Serial Number

71425642) June 25, 1940

Catwoman 1565883 (Serial Number

73776479) November 14, 1989 Catwoman 3,181,586 December 5, 2006 Daily Planet 3,018,523 November 22, 2005

Jimmy Olsen 1190637 (Serial Number

73190491) February 23, 1982

Justice League 1503856 (Serial Number

73684246) September 13, 1988

Justice League of

America 1190681 (Serial Number

73294239) February 23, 1982

Krypto 1168306 (Serial Number

73213453) September 8, 1981

Lex Luthor 1634007 (Serial Number

73813018) February 5, 1991

Lois Lane 1184702 (Serial Number

73190489) January 5, 1982

Perry White 1184703 (Serial Number

73190490) January 5, 1982

Robin 1930901 (Serial Number

74521173) October 31, 1995

S Logo 1173150 (Serial Number

73173809) October 13, 1981 S Logo 1,197,814 June 15, 1982 S Logo 2,226,415 February 23, 1999

Superman 1,175,907 November 3, 1981

Superman 1,180,068 (Serial Number

73231845) December 1, 1981

Superman 1,185,526 January 12, 1982

Superman 1209668 (Serial Number

73231897) September 21, 1982

Superman 1221718 (Serial Number

73363768) December 28, 1982 Superman in Telescopic 1,200,394 July 6, 1982

Superman in Telescopic 371,803 (Serial Number

71410024) October 10, 1939

Superman in Telescopic 1200394 (Serial Number

73231898) July 6, 1982

Superman in Telescopic 2226026 (Serial Number

75432535) February 23, 1999

Superman in Telescopic & Superman w/ Chains

Rep. 391,821 (Serial Number

71444138) November 25, 1941

Superman Rep. (Flying

Figure) 1200387 (Serial Number

73231895) July 6, 1982

Superman Rep. (Running) 1178048 (Serial Number

73231822) November 17, 1981

Superman Rep. (Running) 1182041 (Serial Number

73231823) December 15, 1981

Superman Rep. (Standing

Clenched Fists) 1,200,233 July 6, 1982

The Dark Knight Serial Number 77329797 N/A

Wonder Woman 820334 (Serial Number

72237867) December 13, 1966

Wonder Woman 1221717 (Serial Number

73363767) December 28, 1982

EXHIBIT C

SANRIO CO.'S COPYRIGHTED DESIGNS

Copyright

Registration Title of Work (Character) Type of Work

VA 1 296 115 2004 -- 100 Characters Graphic Artwork VA 811 440 Bad Badtz Maru Graphic Artwork VAu 498 617 Chococat Art original VA 130 420 Hello Kitty Graphic Artwork VA 636 579 KeroKeroKeroppi Sticker Book VA 246 421 Little Twin Stars Stickers VA 840 495 Monkichi Graphic Artwork VA 130 419 My Melody Graphic Artwork VA 130 421 Patty & Jimmy Graphic Artwork VA 636 582 Pekkle Graphic Artwork VA 840 496 Picke Bicke Graphic Artwork VA 636 580 ...


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