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Stars Mentoring, A California Corporation D/B/A Compsolution v. Do Ki Kim

January 18, 2011

STARS MENTORING, A CALIFORNIA CORPORATION D/B/A COMPSOLUTION , PLAINTIFF,
v.
DO KI KIM, AN INDIVIDUAL; DONG RYEL RYU, AN INDIVIDUAL; KYU SEUNG KANG, AN INDIVIDUAL; WINI USA, INC., A CALIFORNIA CORPORATION; FANCY MOSES, INC., A CALIFORNIA CORPORATION D/B/A VERTISHOP; AND DOES 1-20, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Dolly M. Gee United State District Judge

JOHNSON & PHAM, LLP Christopher Q. Pham, SBN 206697 Email cpham@johnsonpham.com Susan Rabin, SBN 122837 Email cjohnson@johnsonpham.com Marcus F. Chaney, SBN245227 Email mchaney@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 115 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 Attorneys for Plaintiff STARS MENTORING d/b/a COMPSOLUTION Lee & Fields APC Christopher P. Fields, SBN: 174155 chrisfields@leefieldslaw.com 3731 Wilshire Boulevard, Suite 940 Los Angeles, CA 90010 Telephone: 213-380-5858 Facsimile: 213-380-5860 Attorney for Defendants DO KI KIM, DONG RYEL RYU, AND WINI USA, INC. Lana Borsook, Esq. Lana Borsook, SBN: 43239 10430 Wilshire Boulevard, Suite 1503 Los Angeles, CA 90024 Telephone: (310) 475-7885/470-3341 Facsimile: (310) 470-0098 Lana-Borsook-Law@juno.com Attorney for Defendant FANCY MOSES, INC. d/b/a VERTISHOP Kyu Seung Kang, pro se Defendant 750 S. Carondelet Street, #112 Los Angeles, CA 90057 (213) 505-1467

CONSENT DECREE AND PERMANENT INJUNCTION [170]

Plaintiff 3 STARS MENTORING, INC. (hereinafter "3 STARS") and Defendants DO KI KIM, DONG RYEL RYU, KYU SEUNG KANG, WINI USA, INC., and FANCY MOSES, INC. dba VERTISHOP, having consented to entry of this Consent Decree and Permanent Injunction, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

STIPULATED FACTS

Plaintiff and Defendants, as well as their agents, servants, employees, attorneys, successors and assigns, and all those persons in active concert or participation with them hereby stipulate to the following facts as true and correct:

(a) 3 STARS is a California Corporation operating under the business name CompSolution. CompSolution began its operations in 1998 by Mr. Ho Mok Lee, was incorporated in 2004, and is headquartered in Los Angeles, California. CompSolution features various website and technology services targeted towards the garment and apparel industry, including FASHIONGO.NET, a proprietary online wholesale shopping mall. CompSolution also developed PowerPOS, a point-of-sale program used primarily in an apparel retail environment to control inventory and facilitate transactions. Additionally, through the LAMBS program, 3 STARS provides garment manufacturers with a wholesale distribution package. 3 STARS uses and owns various copyrights and other intellectual property in connection with such products and services, including, among others, its copyrights for the FASHIONGO.NET, POWERPOS, LAMBS, MINILAMBS (3 Stars' copyrights and other intellectual property are collectively referred to herein as "3 STARS' Copyrights").

(b). 3 STARS' copyrighted items and its derivatives as defined by the Copyright Act and identified as the following (collectively "Copyrights"):

i. PowerPOS -- U.S. Copyright Reg. No. TX 6-851-144

ii. FashionGo -- U.S. Copyright Reg. No. TX 6-850-891

iii. N' Chic -- U.S. Copyright Reg. No. TX 6-850-892

iv. LAMBS -- U.S. Copyright Reg. No. TX 6-860-161

v. MiniLAMBS -- U.S. Copyright Reg. No. TX 6-860-163 (c). On April 30, 2008, and as subsequently amended, 3 STARS filed its lawsuit against Defendants in the case entitled, 3 Stars Mentoring, Inc., v. Do Ki Kim, Dong Ryel Ryu, Kyu Seung Kang, WINI USA, Inc. and Fancy Moses, Inc.; Case No. 08-CV-02826 DMG (MAN) ("Action"). In that Action, 3 STARS alleged that the DEFENDANTS' actions infringe 3 STARS' rights and constitute violations of the law including Federal Copyright Infringement, Unfair Business Practices, Unjust Enrichment, Conversion, Conspiracy, Breach of Fiduciary Duty, Interference with Prospective Business Advantage, Violation of Uniform Trade Secrets Act, Intentional Destruction of Property, and Intentional Interference with Contract. Defendant Fancy Moses, Inc. was added in 2010.

PERMANENT INJUNCTION

Defendants, as well as their agents, servants, employees, attorneys, successors and assigns, and all those persons in active concert or participation with them hereby are permanently enjoined from engaging in, committing, or ...


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