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Sanrio, Inc. v. Hisco International

March 5, 2010

SANRIO, INC. AND DISNEY ENTERPRISES, INC., PLAINTIFFS,
v.
HISCO INTERNATIONAL, INC. D/B/A JEWELRY MAX D/B/A JEWELRYMAX.NET, ET AL., DEFENDANTS.



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

NOTE: CHANGES MADE BY THE COURT

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 Sanrio, Inc. and Disney Enterprises, Inc. (collectively "Plaintiffs"), on the one hand, and Defendants Hisco International, Inc. d/b/a Jewelry Max d/b/a jewelrymax.net, Hyeon Yun Yeong a/k/a Yeong Hyeon Yun, and Choi Yungsam a/k/a Sam Choi a/k/a Yungsam Choi (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) The Complaint and all subsequent pleadings shall be amended to identify Defendant "Hyeon Yun Yeong" as "Hyeon Yun Yeong a/k/a Yeong Hyeon Yun" and Defendant "Choi Yungsam a/k/a Sam Choi" as "Choi Yungsam a/k/a Sam Choi a/k/a Yungsam Choi." The Amended Complaint and all subsequent pleadings shall be deemed served on the relevant Parties.

3) Sanrio, Inc. 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.

4) Disney Enterprises, 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. (The characters, images, trademarks and copyrights identified in Exhibits A, B, C and D 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) 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, Defendants' customers and/or members of the public to believe that Defendants' actions, the products sold by Defendants, or 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) [DELETED BY COURT]

Presented By:

J. Andrew Coombs, A Prof. Corp. J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiffs Sanrio, Inc. and Disney Enterprises, Inc.

Law Offices of Lee & Kent

Thomas E. Kent O. Andrew Wheaton Attorneys for Defendants

EXHIBIT A

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 Pochacco Sticker Book VA 148 625 Tuxedo Sam Stickers VA 840 494 Winkipinki Graphic Artwork VA 636-581 Zashikibuta Stickers

EXHIBIT B

SANRIO'S TRADEMARKS

Trademark Registration

Trademark Mark Drawing

Code Trademark

Registration No.

Date

Chococat Design Plus

Words, Letters, and/or Numbers 2,842,707 5/18/04

Chococat Design Plus

Words, Letters, and/or Numbers 2,707,592 4/15/03

Chococat Design Plus

Words, Letters, and/or Numbers 2,705,164 4/8/03

Chococat Design Plus

Words, Letters, and/or Numbers 2,714,130 5/6/03

Chococat Design Plus

Words, Letters, and/or Numbers 2,952,043 5/17/05

Chococat Design Plus

Words, Letters, and/or Numbers 2,845,315 5/25/04

Hello Kitty Design Only 1,200,083 7/6/82

Hello Kitty Design Only 1,277,721 5/15/84

Hello Kitty Typed Drawing 1,215,436 11/9/82

Hello Kitty Typed Drawing 1,279,486 5/29/84 Hello Kitty Typed Drawing 1,391,550 4/29/86

Hello Kitty Design Only 1,370,105 11/12/85

Keroppi Standard Character

Mark 3,531,383 11/11/08

Keroppi Standard Character

Mark 3,181,350 12/5/06

Keroppi Standard Character

Mark 3,531,382 11/11/08

Keroppi Standard Character

Mark 3,181,349 12/5/06

Keroppi Standard Character

Mark 3,436,548 5/27/08

Keroppi Standard Character

Mark 3,181,348 12/5/06

Keroppi Standard Character

Mark 3,181,347 12/5/06

Keroppi Standard Character

Mark 3,449,938 6/17/08

Keroppi Standard Character

Mark 3,531,381 11/11/08

Keroppi Standard Character

Mark 3,531,380 11/11/08

Keroppi Standard Character

Mark 3,181,346 12/5/06

Keroppi Standard Character

Mark 3,423,288 5/6/08

Keroppi Standard Character

Mark 3,181,345 12/5/06

Little Twin Stars Typed Drawing 1,341,864 6/18/85

Little Twin Stars Typed Drawing 1,192,946 4/6/82

Little Twin Stars Standard Character

Mark 3,245,999 5/29/07

Little Twin Stars Standard Character

Mark 3,245,998 5/29/07

Little Twin Stars Standard Character

Mark 3,245,997 5/29/07

Little Twin Stars Standard Character

Mark 3,245,994 5/29/07

Little Twin Stars Standard Character

Mark 3,245,993 5/29/07

Little Twin Stars Standard ...


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