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Nintendo of America Inc. v. Moreno

United States District Court, C.D. California, Southern Division

December 30, 2019

NINTENDO OF AMERICA INC., a Washington corporation, Plaintiff,
v.
SERGIO MOJARRO MORENO a/k/a SERGIO MOJARRO a/k/a MIKEL EUSKALDUNAK and DOES 1-10, Defendants.

          JUDGMENT AND PERMANENT INJUNCTION

          HONORABLE JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE.

         Pursuant to the Stipulation and Joint Motion for Entry of Judgment and Permanent Injunction filed on December 20, 2019, the Court makes the findings and orders set forth below.

         The Court FINDS as follows:

1. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a) and under 28 U.S.C. §§ 1338(b) and 1367(a);
2. Nintendo is a world-famous brand and Nintendo's video game systems (such as Nintendo Switch, Nintendo 3DS, Nintendo Entertainment System (“NES”), Super Nintendo Entertainment Systems (“SNES”) and Wii) and Nintendo games (such as Super Mario Bros., Mario Kart, Pokemon, Donkey Kong, and The Legend of Zelda), along with its iconic characters (such as Mario, Link, Pikachu and Donkey Kong) are well-known and loved among consumers in the United States and abroad. The popularity of Nintendo's video game systems, video games, and characters are the result of substantial creative and financial investment in product development, game development, intellectual property, and marketing. Nintendo has received many awards for its pioneering contributions to the video game industry and is an acknowledged leader in the field. Nintendo has earned tremendous consumer awareness and goodwill through its commitment to developing innovative, fun, and exciting video game systems and video games. Nintendo video game systems and video games are enjoyed by tens of millions of consumers in the United States and abroad and have extensive patent, trademark, trade dress and copyright protections. Nintendo sells its video game systems and video game products throughout the United States;
3. Nintendo has sold and continues to sell the famous Nintendo video game systems, video games, and related products, including, but not limited to, the products listed in paragraph 2;
4. In connection with its gaming products, Nintendo has developed extensive intellectual property protection, including trademark and copyright protection;
5. Nintendo owns numerous and valid copyright registrations, each of which were duly and legally issued by the U.S. Copyright Office, related to the its video game systems and video games, including, without limitation, those identified in Exhibit A attached hereto, which are in full force and effect, and are enforceable by Nintendo (collectively, the “Registered Copyrights”);
6. Nintendo owns hundreds of trademarks, including the federal trademark registrations with the U.S. Patent and Trademark Office, including, without limitation, those identified in Exhibit B attached hereto, which are in full force and effect, enforceable, and many of which are incontestable under the Lanham Act, 15 U.S.C. § 1065 (collectively, the “Registered Trademarks”);
7. Nintendo has used the Registered Copyrights and Registered Trademarks in connection with the promotion, advertising and sale of its video game systems, video games, and related products, including, but not limited to, the products listed in paragraph 2, since well before the acts of Defendant complained of herein;
8. At all times relevant hereto, Nintendo's Registered Copyrights and Registered Trademarks have been continually used by Nintendo throughout the world and in the United States, including California, on or in connection with the design, manufacture, distribution, sale and promotion of its products;
9. As a result of Nintendo's widespread and continued use, advertisement and promotion of its products in connection with Nintendo's Registered Trademarks, they have become widely known and recognized as identifying Nintendo as a source of a wide variety of video game consoles, video games, and related goods, including, but not limited to, the products listed in paragraph 3, and as distinguishing such goods from those of others. Nintendo's Registered Trademarks have come to represent and symbolize the excellent reputation of Nintendo's products and Nintendo's valuable goodwill among members of the public throughout the world and in the United States, including California;
10. Defendant acknowledges that the Registered Copyrights and Registered Trademarks are valid and enforceable ...

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