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Dc Comics v. Gonzales

United States District Court, Ninth Circuit

June 6, 2013

DC Comics, Disney Enterprises, Inc., and Sanrio, Inc., Plaintiffs,
v.
Omar Alejandro Gonzales, an Individual and d/b/a Kid Depot aka Kids Depot aka Kins Depot, and d/b/a Omar Kids, and Omar Kids/Kids Depot and Does 1 - 10, inclusive, Defendants.

JUDGMENT AND PERMANENT INJUNCTION

CONSUELO B. MARSHALL, District Judge.

This cause having come before this Court on the motion of Plaintiffs DC Comics, Disney Enterprises, Inc. ("DEI"), and Sanrio, Inc. ("Sanrio") (collectively "Plaintiffs") for entry of default judgment and permanent injunction against Defendant Omar Alejandro Gonzales, an individual and d/b/a Kid Depot aka Kids Depot aka Kins Depot, and d/b/a Omar Kids, and Omar Kids/Kids Depot ("Defendant") [Docket No. 9.].

The complaint in this case was filed on December 6, 2012. [Doc. No. 1.] The Clerk entered Default Judgment against Defendant on February 14, 2013. [Doc. No. 7.] Plaintiffs filed a Motion for Default Judgment on March 21, 2013. [Doc. No. 9.] No opposition was filed, and there was no answer or appearance by Defendant at the hearings, which took place on May 20, 2013. [Doc. No. 10.]

The Court having read and considered the pleadings and the evidence as presented in support of Plaintiffs' Motion;

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1) DC Comics is the owner of all rights in and to certain copyright registrations, including, but not limited to, the copyrights which are the subject of this case, DC Comics Anti-Piracy Guide (TXu X-XXX-XXX). "DC Comics Copyrights" refers only to the copyrights included in TXu X-XXX-XXX for purposes of this Order.

2) DEI is the owner of all rights in and to certain copyright registrations, including, but not limited to, the copyrights which are the subject of the registrations: Walt Disney's Peter Pan Coloring Book #218625 (AA 223499), "Pooh" Winnie-the-Pooh (VA 608-558), Pooh-1 (VA 58-940), Toy Story - Buzz Lightyear (VAu 337-566), Toy Story - Woody (VAu 337-565), and Cars - Style Guide (VA X-XXX-XXX). The "DEI Copyrights" refers only to the copyrights included in AA 223499, VA 608-558, VA 58-940, VAu 337-566, VAu 337-565, and VA X-XXX-XXX for purposes of this Order.

3) Sanrio is the owner of all rights in and to certain copyright registrations, including, but not limited to, the copyrights which are the subject of the Hello Kitty registration (VA 130-420) and Sanrio 2010 Character Guide (VA X-XXX-XXX). The "Sanrio Copyrights" refer only to the copyrights included in VA 130-420 and VA X-XXX-XXX for purposes of this Order. (The DC Comics Copyrights, DEI Copyrights, and Sanrio Copyrights are collectively referred to herein as "Plaintiffs' Copyrights.")

4) Plaintiffs have complied in all respects with the laws governing copyrights and secured the exclusive rights and privileges in and to Plaintiffs' Copyrights; The appearance and other qualities of Plaintiffs' Copyrights are distinctive and original;

5) Defendant engages in the selling, offering for sale, renting, and/or distributing of counterfeit apparel and other merchandise bearing unauthorized copies of Plaintiffs' Copyrights ("Unauthorized Product").

6) Defendant's manufacturing, importing, advertising, displaying, promoting, marketing, distributing, offering for sale and selling of the Unauthorized Product was engaged in willfully and intentionally, without leave or license from Plaintiffs, in violation of Plaintiffs' rights in and to Plaintiffs' Copyrights. The characteristics, features, devices, emblems, and artwork on the Unauthorized Product are not just "confusingly similar" to Plaintiffs' Copyrights, they are almost identical.

7) The liability of the Defendant in the above-referenced action for his acts in violation of Plaintiffs' rights is knowing and willful, and as such the Court expressly finds that there is no just reason for delay in entering the default judgment and permanent injunction sought herein.

Therefore, based upon the foregoing facts, and GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Judgment shall be and is hereby entered as follows:

1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 15 U.S.C. § 1051 et seq., 28 U.S.C. § 1331 and 1338, and 28 U.S.C. § 1367. ...


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