UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
May 13, 2011
SANRIO COMPANY, LTD., A JAPANESE CORPORATION AND
SANRIO, INC., A CALIFORNIA CORPORATION, PLAINTIFFS,
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,
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 email@example.com 5 firstname.lastname@example.org email@example.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
1. Plaintiff Sanrio Co., Ltd. ("Sanrio") is a Japanese corporation and maintains its Plaintiff Sanrio, Inc. is a California corporation and maintains its principal place of business at 19
2. Since 1960, Sanrio Co., Ltd. has been engaged in the business of manufacturing,
3. Sanrio is the creator and owner of the famous HELLO KITTY,
KEROKEROKEROPPI a/k/a KEROPPI, and CHARMMY KITTY characters, as well as many other characters, as depicted in Exhibit 2 of the Complaint in this action. Since 1976, most of Sanrio's merchandise marketed in the U.S. has displayed HELLO KITTY character artwork on 3 the products and product packaging. Since 1988, KEROPPI character artwork has appeared on 4 numerous Sanrio products and product packaging marketed in the U.S. Since 2004, 5
CHARMMY KITTY character artwork has appeared on numerous Sanrio products and product 6 packaging marketed in the U.S. 7
4. Sanrio owns many U.S. Certificates of Copyright Registration for artwork
8 depicting the Sanrio Characters, including the following Registration Nos.: VA 130-420, VA 1-9
(KEROPPI); and VA 1-296-111 (CHARMMY KITTY) (the "Sanrio Registered Copyrights"). 11
HELLO KITTY character; and 1,215,436 and 1,279,486 for the word mark HELLO KITTY, all 14 of which are incontestable (collectively, "Sanrio's Registered Trademarks"). 15
16 all common law rights (including trademark and trade dress rights) to the HELLO KITTY 17 character name and design, and the KEROPPI and CHARMMY KITTY character designs 18
7. Defendants are entities or individual residents of California, who were at all 20 relevant times actively engaged in the operation, management and/or control of certain retail 21 businesses called Amuse (the "retail stores"), and a wholesale business called Amuseco, all 22 located in various counties in California.
advertise, manufacture, import, distribute, or sell Sanrio merchandise.
advertised, displayed and offered for sale at their retail stores, various infringing or counterfeit 303-874 and Vau 684-322 and VA 1-342-775 (HELLO KITTY); VA 707-212 and VA 636-579
5. Sanrio owns several U.S. Trademark registrations, including U.S. Trademark
Registration Nos. 1,200,083 and 1,277,721 for the design trademark depicting the head of the
6. In addition to owning the foregoing federal trademark registrations, Sanrio owns
(collectively, "Sanrio's Common Law Trademarks"). 19
8. During all times relevant to this action, Defendants were not authorized to
9. During various times in the past, Defendants distributed, through Amuseco, and products depicting the HELLO KITTY character, and/or the KEROPPI and/or CHARMMY 2
KITTY characters (the "Counterfeit Merchandise"). 3
STIPULATED CONCLUSIONS OF LAW
10. The Court has jurisdiction over the subject matter of this civil action.
11. Sanrio owns valid copyrights, trademarks and trade dress in the name and design
of the HELLO KITTY, KEROPPI and CHARMMY KITTY characters.
12. The Counterfeit Merchandise advertised, distributed and sold by Defendants
8 contained infringing or counterfeit versions of Sanrio's Registered Copyrights, Sanrio's 9
Registered Trademarks, and Sanrio's Common Law Trademarks. 10
13. The acts of Defendants constituted copyright infringement, in violation of U.S.C. § 501.
14. The acts of Defendants constituted trademark and trade dress infringement, in violation of 15 U.S.C. §§ 1114, 1125(a).
15. The acts of Defendants constituted unfair competition in violation of 15 U.S.C.
§1125(a) et seq., as amended, Cal. Bus. & Prof. Code § 17200 et seq.; and common law.
The Parties, either themselves or through their undersigned counsel, hereby stipulate to the above facts and conclusions and consent to the entry of Judgment on Consent pursuant to the 18 separately filed Proposed Judgment on Consent, and to entry of an Amendment to the Judgment 19 on Consent pursuant to the Settlement Agreement in the form attached thereto in the event of a 20 default in the payments provided in the Settlement Agreement.
IT IS SO STIPULATED.
IT IS SO ORDERED AND ADJUDGED.
IT IS SO ORDERED
Judge Marilyn H. Patel
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