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Dc Comics and Sanrio, Inc v. Bcmini

July 26, 2012

DC COMICS AND SANRIO, INC.,
PLAINTIFFS,
v.
BCMINI, LLC; MIGUEL CHENG, AN INDIVIDUAL AND D/B/A BC OFFICE PRODUCTS, BC OFFICE, BC USA
AND IWAKO USA AND DOES 1-- 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Edward M. Chen Judge

[PROPOSED] PRELIMINARY INJUNCTION

This Court, having considered the Joint Stipulation re Preliminary Injunction filed by 20 Plaintiffs DC Comics and Sanrio, Inc. (collectively "Plaintiffs"), on the one hand, and Defendants 21 BCMini, LLC, and Miguel Cheng, an individual and d/b/a BC Office Products, BC Office, BC 22 USA and Iwako USA (collectively "Defendants"), on the other hand, and finding good cause 23 therefore,

IT IS ORDERED, ADJUDGED AND DECREED THAT:

1. Defendants and their agents, servants, employees and attorneys, and all persons in 26 active concert and participation with them, are hereby restrained and enjoined from directly or 27 indirectly infringing Plaintiffs' Copyrights (depictions of which are attached hereto as Exhibits A 28 and C) and Plaintiffs' Trademarks (representative lists of which are attached hereto as Exhibits B and D) (collectively "Plaintiffs' Properties") in any manner, including generally, but not limited to, the unauthorized manufacture, importation, distribution, advertising, selling and/or offering for sale any wallets, lanyards, key chains, charms, bookmarks, notebooks, bags, personal accessories, and other products bearing depictions of Plaintiffs' Properties ("Unauthorized Products"), and specifically:

a. Importing, manufacturing, distributing, advertising, selling and/or offering for sale the Unauthorized Products or any other unauthorized products which picture, 8 reproduce, copy or use the likenesses of or bear a confusing similarity to any of 9 Plaintiffs' Properties;

c. Importing, manufacturing, distributing, advertising, selling and/or offering for sale 11 in connection thereto any unauthorized promotional materials, labels, packaging or 12 containers which picture, reproduce, copy or use the likenesses of or bear a 13 confusing similarity to Plaintiffs' Properties;

14 d. Engaging in any conduct that tends falsely to represent that, or is likely to confuse, 15 mislead or deceive purchasers, Defendants' customers and/or members of the public 16 to believe, the actions of Defendants, the products sold by Defendants, or 17 Defendants themselves are connected with, are sponsored, approved or licensed by 18 Plaintiffs, or are in some way affiliated with Plaintiffs;

19 e. Affixing, applying, annexing or using in connection with the importation, 20 manufacture, distribution, advertising, sale and/or offer for sale or other use of any 21 goods or services, a false description or representation, including words or other 22 symbols, tending to falsely describe or represent such goods as being those of 23 Plaintiffs;

f. Destroying or otherwise disposing of:

i. Merchandise falsely bearing Plaintiffs' Properties;

ii. Any other products which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiffs' Properties;

iii. Any labels, packages, wrappers, containers or any other unauthorized promotion or advertising material item which reproduces, copies, counterfeits, imitates or bears any of Plaintiffs' Properties;

iv. Any molds, screens, patterns, plates, negatives or other elements used for making or manufacturing products bearing Plaintiff's Properties;

v. Any sales and supply of customer journals, ledgers, invoices, purchase orders, inventory control documents, bank records, catalogs and all other business records, believed to concern the manufacture, purchase, advertising, ...


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