The opinion of the court was delivered by: Hon. George H. Wu United States District Judge
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 Plaintiff Sanrio, Inc. ("Plaintiff"), on the one hand, and Defendants Down Town Hookah Connection, Inc. a/k/a Sanrio v. Down Town Hookah Connection: Stipulated Consent Decree Downtown Hookah Connection a/k/a Down Town Connection a/k/a Downtown
Connection and Rafik Louka (collectively "Defendants"), on the other hand, and good cause appearing therefore, 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, 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) Plaintiff is the owner or exclusive licensee 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 associated with the same ("Plaintiff's Properties").
3) Plaintiff has expended considerable resources in the creation and commercial exploitation of Plaintiff's Properties on merchandise and in the enforcement of its intellectual property rights in Plaintiff's Properties.
4) Plaintiff has alleged that Defendants have made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.
5) 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 Plaintiff's copyrights and trademarks in Plaintiff's 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 Plaintiff's Properties ("Unauthorized Products"), and, specifically:
Sanrio v. Down Town Hookah Connection: Stipulated Consent Decree i) 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 Plaintiff's Properties; ii) 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 Plaintiff's Properties;
iii) 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, the actions of Defendants, the products sold by Defendants, or Defendants themselves are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are affiliated with Plaintiff; or iv) 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 Plaintiff.
6) Each side shall bear its own fees and costs of suit.
7) This Consent Decree shall be deemed to have been served upon Defendants at the time of its execution by the Court.
8) 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.
9) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Consent Decree.
10) Except as provided herein, all claims alleged in the Complaint as to Defendants are dismissed with prejudice. All claims alleged in the Complaint as to Defendant Ahmed Shamekh are dismissed without prejudice.
Presented By: J. Andrew Coombs, A Prof. Corp. By: __________________________ J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Sanrio, Inc. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP
Maureen Michail Attorney for Defendants Down Town Hookah Connection, Inc. a/k/a Downtown Hookah Connection a/k/a Down Town Connection a/k/a Downtown Connection and Rafik Louka
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 VA 1-352-721 Keroppi / Little Frog.Big Splash Visual Material Vau 1-078-385 Sanrio 2010 Character Guide Visual Material
Words, Letters, and/or Numbers 2,842,707 5/18/04
Words, Letters, and/or Numbers ...