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 Plaintiffs Sanrio, Inc. and Disney Enterprises, Inc. (collectively "Plaintiffs"), on the one hand, and Defendant Shu Ching Lu, an individual and d/b/a Susan's Shoppe ("Defendant"), on the other hand, and good cause appearing therefore, hereby:
Sanrio, et al. v. Chang, et al. (Susan's Shoppe): Stipulated Consent Decree
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 Defendant.
2) Plaintiffs are the owners or exclusive licensees of all rights in and to the copyright and trademark registrations listed in Exhibits "A" through "D," attached hereto and incorporated herein by this reference, and the copyrights associated with the same ("Plaintiffs' Properties").
3) Plaintiffs have expended considerable resources in the creation and commercial exploitation of Plaintiffs' Properties on merchandise and in the enforcement of their intellectual property rights in Plaintiffs' Properties.
4) Plaintiffs have alleged that Defendant has made unauthorized uses of Plaintiffs' Properties or substantially similar likenesses or colorable imitations thereof.
5) Defendant and her agents, servants, employees and all persons in active concert and participation with her, who receive actual notice of the injunction are hereby restrained and enjoined from:
a) Infringing Plaintiffs' copyrights and trademarks in Plaintiffs' 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 Plaintiffs' Properties ("Unauthorized Products"), and, specifically:
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 Plaintiffs' 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 Plaintiffs' Properties;
iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the products sold by Defendant, or Defendant herself are connected with Plaintiffs, are sponsored, approved or licensed by Plaintiffs, or are affiliated with Plaintiffs; 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 Plaintiffs.
6) Each side shall bear its own fees and costs of suit.
7) This Consent Decree shall be deemed to have been served upon Defendant 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 Defendant.
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 are dismissed with prejudice.
Presented By: J. Andrew Coombs, A Prof. Corp.
J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiffs Sanrio, Inc. and Disney Enterprises, Inc. Shu Ching Lu, an individual and d/b/a Susan's Shoppe
By: ________________________ Shu Ching Lu, an individual and d/b/a Susan's Shoppe Defendant, in pro se
SANRIO CO.'S COPYRIGHTED DESIGNS Copyright Registration Title of Work (Character) Type of Work VAu 684-322 SANRIO 2005 CHARACTER GUIDE Graphic Artwork Collective work of artwork, text and photos VA 1-303-874 CHARACTER MERCHANDISING TX 3-769-888 SANRIO 1993 PRODUCT AND SALES PROMOTION CATALOG Visual Material 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 707-212 KEROKEROKEROPPI Pictorial Cartoon
VA 246-421 LITTLE TWIN STARS Stickers VA 840-495 MONKICHI Graphic Artwork
VA 130-419 MY MELODY, A BUNNY WITH HOOD Graphic Artwork
VA 130-421 PATTY & JIMMY, A BOY AND GIRL WITH SCHOOL BOOKS Graphic Artwork VA 636-582 PEKKLE- AHIRU NO PEKKLE MINI STICKER BOOK Graphic Artwork VA 840-496 PICKE BICKE Graphic Artwork VA 636-580 POCHACCO Sticker Book TUXEDO SAM, TUXEDO SAM GRAND REGATTA, SPIFFY'S THE COOLEST AND SPIFFY IS VA 148-625
COOL STICKERS Stickers VA 840-494 WINKIPINKI Graphic Artwork VA 636-581 ZASHIKIBUTA Stickers
VA 1-352-721 KEROPPI / LITTLE FROG.BIG
Vau 1-078-385 SANRIO 2010 CHARACTER
VA 1-342-775 SANRIO 2002 HELLO KITTY
STYLE GUIDE Visual Material
VA 657-748 KOBUTA NO PIPPO Visual Material
VA 1-342-774 SANRIO 2005 KEROPPI STYLE
GUIDE Visual Material Vau 655-028 THE RUNABOUTS - 2001 Visual Material
VA 1-416-374 TENORIKUMA(BLUE CAFE),
MY MELODY(HEART), Visual Material
KUROMI(KUROMI5), CHARMMY KITTY(RABBIT),
HELLO KITTY(LOGO) EVERYDAY CAT.JUNE 2006
CHARMMYKITTY(RABBIT); LITTLE TWIN STARS(STARS);
HELLO KITTY(BEAR); EVERYDAY CATALOG JULY
PANDAPPLE(INTRO), FROOLIEMEW(FANCY), CHOCOCAT(DOT)/SANRIO 2005 PRODUCT CATALOG AUG NEW
DOKIDOKI HOTDOG / THE CHILI PEPPER TRIO / CATALOG
Words, Letters, and/or Numbers 2,842,707 5/18/04
Words, Letters, and/or Numbers ...