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Sanrio Company, Ltd., A Japanese Corporation and v. J.I.K . Accessories

May 13, 2011

SANRIO COMPANY, LTD., A JAPANESE CORPORATION AND
SANRIO, INC., A CALIFORNIA CORPORATION, PLAINTIFFS,
v.
J.I.K . ACCESSORIES, INC., ACCESSITIVE ACCESSORIES, INC., B.B. APPARELS INC., AMUSECO ACCESSORIES, INC., NANA ACCESSORY, INC., SEANNA
CORPORATION, HEIRESS ENTERPRISES, INC., PINKLAND CORPORATION, INC., BLISS, FINAL CHOICE, JOON SIK BAE, YONG WOO KIM, ANY BAE, JASON BAE, BRIAN BAN, RYAN BAE, HO YONG NA, SANG WHA KIM, AERAN BAE A/K/A CHRIS BAE, JENNY J. LEE, SUKMIN BAE, JOHN BAE, LISA BAE, GRACE KIM, KEN CHUNG, YEUN SIK CHA, DEBBIE KIM, DOES 1- 10,
DEFENDANTS



The opinion of the court was delivered by: Hon. Marilyn Hall Patel U A U.S. District Court Judge

NOEL M. COOK, SBN 122777 1 LINDA JOY KATTWINKEL, SBN 164283 ALICA DEL VALLE, SBN 246006 OWEN, WICKERSHAM & ERICKSON, P.C. 455 Market Street, Suite1910 San Francisco, California 94105 (415) 882-3200 Tel (415) 882-3232 Fax ncook@owe.com 5 ljk@owe.com adelvalle@owe.com Attorneys for Plaintiffs SANRIO COMPANY, LTD. and SANRIO, INC.

STIPULATED FACTS AND CONCLUSIONS OF LAW IN SUPPPORT | OF [PROPOSED] | FINAL JUDGMENT ON CONSENT: | J.I.K. ACCESSORIES, INC., | ACCESSITIVE ACCESSORIES, INC., | B.B. APPARELS INC., AMUSECO | ACCESSORIES, INC., JOON SIK BAE | A/K/A JASON BAE, ANDY BAE, AND | BRIAN BAE

WHEREAS, on January 30, 2009, Sanrio Company, Ltd. and Sanrio, Inc. ("Plaintiffs") 26 initiated the instant action against the named defendants as set forth above for trademark 27 infringement in violation of 15 U.S.C. § 1114, et seq.; copyright infringement in violation of 17 28 U.S.C. § 501, et seq.; unfair competition in violation of 15 U.S.C. §1125(a) et seq., as amended; 2 unfair competition under the law of the State of California, Cal. Bus. & Prof. Code § 17200 et 3 seq.; and common law unfair competition.

Apparels Inc., Amuseco Accessories, Inc., Joon Sik Bae a/k/a Jason Bae, Andy Bae (erroneously 6 sued herein as Any Bae), Brian Bae (erroneously sued herein as Brian Ban and Ryan Bae)

(collectively, "Defendants") and Plaintiffs have concluded a settlement resolving Plaintiffs' 8 claims against these Defendants in this civil action; 9

10 through the entry of Judgment on Consent; 11

12 specifically denying same, Defendants consent to the entry of Judgment on Consent; 13

NOW THEREFORE, the Parties stipulate to the following facts and conclusions of law:

WHEREAS, Defendants J.I.K. Accessories, Inc., Accessitive Accessories, Inc., B.B.

WHEREAS, the Plaintiffs and Defendants (the "Parties") wish to resolve this civil action

WHEREAS, without admitting that they knowingly infringed Plaintiffs' rights and

WHEREAS, each Party has waived the right to appeal from the Judgment on Consent; principal place of business located at 1-6-1 Osaki, Shinagawa ku, Tokyo 141-8603, Japan. 570 Eccles Avenue, South San Francisco, California 94080. distributing and selling products for use by children and young adults. All of Sanrio's products 22 are marked with the SANRIO trade name and mark. Since 1976, Sanrio, Inc. has been the 23 exclusive United States distributor of the products of Sanrio Co., Ltd. and is currently the 24 exclusive United States master licensee of the rights in and to the SANRIO trademarks and 25 copyrights. 26

STIPULATED FACTS

1. Plaintiff Sanrio Co., Ltd. ("Sanrio") is a Japanese corporation and maintains its Plaintiff Sanrio, Inc. is a California corporation and ...


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