Filed: Aug. 29, 2014
Latest Update: Aug. 29, 2014
Summary: [PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION CHRISTINA A. SNYDER, District Judge. The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiffs DC Comics, Disney Enterprises, Inc., and Sanrio, Inc. (collectively "Plaintiffs") on the one hand, and DefendantsJCJ General Merchandise, Inc., Mega Party, Inc., Miguel Saavedra, and Ivan Saavedra also known as Ivan Manli (collectively "Defendants"), on the other hand, and go
Summary: [PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION CHRISTINA A. SNYDER, District Judge. The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiffs DC Comics, Disney Enterprises, Inc., and Sanrio, Inc. (collectively "Plaintiffs") on the one hand, and DefendantsJCJ General Merchandise, Inc., Mega Party, Inc., Miguel Saavedra, and Ivan Saavedra also known as Ivan Manli (collectively "Defendants"), on the other hand, and goo..
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[PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION
CHRISTINA A. SNYDER, District Judge.
The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiffs DC Comics, Disney Enterprises, Inc., and Sanrio, Inc. (collectively "Plaintiffs") on the one hand, and DefendantsJCJ General Merchandise, Inc., Mega Party, Inc., Miguel Saavedra, and Ivan Saavedra also known as Ivan Manli (collectively "Defendants"), on the other hand, and good cause appearing therefor, 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., 15 U.S.C. § 1051 et seq., 28 U.S.C. §§ 1331 and 1338, and 28 U.S.C. § 1367. Service of process was properly made against Defendants.
2) Plaintiffs are the owners or exclusive licensees of all rights in and to the copyright and trademark registrations listed in Exhibits "A" through "F," attached hereto and incorporated herein by this reference ("Plaintiffs' Properties").
3) Plaintiffs have expended considerable resources in the creation and commercial exploitation of Plaintiffs' Properties on merchandise and in the enforcement of its intellectual property rights in Plaintiffs' Properties.
4) Plaintiffs have alleged that Defendants have made unauthorized uses of many of Plaintiffs' Properties, or substantially similar likenesses or colorable imitations thereof.
5) Should there be a future violation of this Injunction, which may also be a violation of the Parties' Settlement Agreement, nothing herein prevents Defendants from arguing that any particular future violation is not a "repeat" violation, should the facts warrant such an argument.
6) 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 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, or offering for sale, any unauthorized product which features any of Plaintiffs' Properties ("Unauthorized Products"), and, specifically:
i) Importing, manufacturing, distributing, advertising, selling, or 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, or offering for sale, 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, Defendants' customers and/or members of the public to believe, the actions of Defendants, the products sold or offered by Defendants, or Defendants themselves 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.
7) Each party to this action shall bear its own fees, costs, and expenses of suit.
8) This Consent Decree shall be deemed to have been served upon Defendants at the time of its execution by the Court.
9) 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.
10) 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.
11) The above-captioned action, shall, upon filing by Plaintiffs of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendants, be reopened should Defendants default under the terms of the Settlement Agreement or this Consent Decree, and failure to cure any such default under the notice and cure provision in the Settlement Agreement.
12) This Court shall retain jurisdiction over Defendants for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action.
13) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.
