Hoberman Designs, Inc. v. New Century Goods, Inc. et al

Filing 19

CONSENT JUDGMENT by Judge Otis D. Wright, II in favor of Hoberman Designs, Inc. against New Century Goods, Inc., Ching Wai Chan Tsui. Defendants and their agents etc restrained and enjoined from infringing on plaintiffs copyrights and trademarks. Each side shall bear its own fees and costs. Related to: Stipulation for Order 18 . ( MD JS-6. Case Terminated ) (lc)

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J. Andrew Coombs (SBN 123881)
[e-mail]
Annie S. Wang (SBN 243027)
[e-mail]
J. Andrew Coombs, A Prof. Corp.
517 East Wilson Ave., Suite 202
Glendale, California 91206
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Hoberman Designs, Inc.
Seaton Tsai (SBN 271408)
[e-mail]
Law Offices of Sam X.J. Wu, APC
601 S. Atlantic Blvd., Suite B
Monterey Park, California 91754
Telephone: [phone]
Facsimile: [phone]

JS-6

Attorney for Defendants
New Century Goods, Inc.,
Ching Wai Chan Tsui a/k/a Ching Tsui

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) Case No. CV14-04464-ODW (JEMx)
)
)
Plaintiff,
) xxxxxxxxxxxxx CONSENT DECREE
v.
[PROPOSED]
) PURSUANT TO STIPULATION
)
New Century Goods, Inc., Ching Wai
Chan Tsui a/k/a Ching Tsui, and Does 1 – )
)
10, inclusive,
)
)
Defendants.
Hoberman Designs, Inc.,

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The Court, having read and considered the Joint Stipulation for Entry of

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Consent Decree that has been executed on behalf of Plaintiff Hoberman Designs, Inc.

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(“Plaintiff”), on the one hand, and Defendants New Century Goods, Inc. and Ching

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Wai Chan Tsui also known as Ching Tsui (collectively “Defendants”), on the other

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hand, and good cause appearing therefore, hereby:

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ORDERS that this Consent Decree shall be and is hereby entered in the within
action as follows:
Hoberman v. New Century: Stipulated Consent Decree

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1)

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matter hereof pursuant to 17 U.S.C. § 101 et seq., 15 U.S.C. § 1051 et seq., 28 U.S.C.

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§§ 1331 and 1338, and 28 U.S.C. § 1367. Service of process was properly made

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against Defendants.

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2)

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and trademark registrations listed in Exhibits “A” through “B,” attached hereto and

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incorporated herein by this reference, and the copyrights associated with the same

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(“Plaintiff’s Properties”).

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3)

This Court has jurisdiction over the parties to this action and over the subject

Plaintiff is the owner or exclusive licensee of all rights in and to the copyright

Plaintiff has expended considerable resources in the creation and commercial

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exploitation of Plaintiff’s Properties on merchandise and in the enforcement of its

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intellectual property rights in Plaintiff’s Properties.

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4)

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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, or offering for sale,
any unauthorized product which features any of Plaintiff’s 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 Plaintiff’s Properties;
ii) Importing, manufacturing, distributing, advertising, selling, or
offering for sale, in connection thereto any unauthorized promotional

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Hoberman v. New Century: Stipulated Consent Decree

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materials, labels, packaging or containers which picture, reproduce,

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copy or use the likenesses of or bear a confusing similarity to any of

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Plaintiff’s Properties;

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iii) Engaging in any conduct that tends falsely to represent that, or is

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likely to confuse, mislead or deceive purchasers, Defendants’

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customers and/or members of the public to believe, the actions of

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Defendants, the products sold or offered by Defendants, or

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Defendants themselves are connected with Plaintiff, are sponsored,

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approved or licensed by Plaintiff, or are affiliated with Plaintiff; or

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iv) Affixing, applying, annexing or using in connection with the

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importation, manufacture, distribution, advertising, selling, offering

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for sale, or other use of any goods or services, a false description or

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representation, including words or other symbols, tending to falsely

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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

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the time of its execution by the Court.
8)

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and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court

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directs immediate entry of this Consent Decree against Defendants.
9)

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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

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The Court finds there is no just reason for delay in entering this Consent Decree

to implement and enforce the provisions of this Consent Decree.
10)

The above-captioned action, shall, upon filing by Plaintiff of the Settlement
Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to
Stipulation, and requesting entry of judgment against Defendants, be reopened

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Hoberman v. New Century: Stipulated Consent Decree

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September 29, 2014

/s/ Annie S. Wang

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EXHIBIT A

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HOBERMAN COPYRIGHTED DESIGNS

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Copyright
Registration
VA 1-424-411
VA 1-424-410
VA 1-416-467
VA 1-056-333
VA 1-089-675
VA 1-056-334
VA 932-828
VA 932-829
VA 1-024-051
VA 1-128-298
VAu 534-146
VAu 534-143
VA 1-224-963
VA 1-225-001

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VA 1-225-000
VA 1-225-002

Title of Work (Character)

Type of Work

BRAIN TWIST
SWITCH PITCH
SWITH-PITCH BOY
EXPANDAGON
MEGA SPHERE
TWIDDLESTIX
MINI SPHERE
HOBERMAN SPHERE
FLIGHT RING
DISCOVER DOME
STAR
MICRO SPHERE
TRANSFORMING SPHERE WITH
CENTRAL MODULE
FLIP OUT TRANFORMING
OCTAHEDRON
MINI FLIP OUT
TRANSFORMING
ICOSAHEDRON
TWISTO TRANSFORMING
SPHERE

Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material
Visual Material

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Hoberman v. New Century: Stipulated Consent Decree

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Visual Material
Visual Material
Visual Material

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EXHIBIT B

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HOBERMAN TRADEMARKS

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Trademark
Trademark
Registration
Registration No.
Date

Trademark

Mark Drawing
Code

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HOBERMAN

Typed Drawing

2,739,816

7/22/2003

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HOBERMAN SPHERE

Typed Drawing

2,969,146

7/19/2005

SWITCH PITCH

Standard Character
Mark
Standard Character
Mark
Standard Character
Mark

3,163,097

10/24/2006

4,274,449

1/15/2013

4,197,017

8/28/2012

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TWIST-O
BRAIN TWIST

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Hoberman v. New Century: Stipulated Consent Decree

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PROOF OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years,
employed in the County of Los Angeles, and not a party to the above-entitled
cause. I am employed by a member of the Bar of the United States District Court
of California. My business address is 517 East Wilson Avenue, Suite 202,
Glendale, California 91206.
On September 29, 2014, I served the:
JOINT STIPULATION RE ENTRY OF [PROPOSED] CONSENT DECREE
[PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION
for the following civil action:
Hoberman Designs, Inc. v. New Century Goods, Inc., et al.
on the following interested parties in this action:
Seaton Tsai
Law Offices of Sam X.J. Wu, APC
601 S. Atlantic Blvd., Suite B
Monterey Park, California 91754
by placing a true and correct copy thereof in an envelope to be immediately sealed
thereafter. I am readily familiar with the office’s practice of collecting and
processing correspondence for mailing. Under that practice it would be deposited
with the United States Postal Service on the same day with postage thereon fully
prepaid at Glendale, California, in the ordinary course of business. I am aware that
on motion of the party served, service may be presumed invalid if the postal
cancellation date or postage meter is more than one day after the date of deposit for
mailing in affidavit.
Place of Mailing: Glendale, California.
Executed on September 29, 2014, at Glendale, California.
_/s/ Annie S. Wang_
Annie S. Wang