Hoberman Designs, Inc. v. J. N. Trading, Inc. et al

Filing 29

CONSENT DECREE PURSUANT TO STIPULATION by Judge Beverly Reid O'Connell: Upon Stipulation 28 , Defendants J.N. Trading, Inc. and Nancy Luu and their agents, servants, employees and all persons in active concert and participation with them who re ceive actual notice of the injunction are hereby restrained and enjoined re Plaintiff's copyrights and trademarks in Plaintiff's Properties, etc. Each side shall bear its own fees and costs of suit. Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice. See document for details. ( MD JS-6. Case Terminated ) (gk)

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J. Andrew Coombs (SBN 123881)
[e-mail]
Annie S. Wang (SBN 243027)
[e-mail]
J. Andrew Coombs, A Prof. Corp.
520 East Wilson Ave., Suite 200
Glendale, California 91206
Telephone: [phone]
Facsimile: [phone]

JS-6

Attorneys for Plaintiff
Hoberman Designs, Inc.
Tommy SF Wang (SBN 272409)
[e-mail]
Leontyne Fan (SBN 285042)
[e-mail]
Yang & Wang, P.C.
355 S. Grand Ave, Suite 2450
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
J. N. Trading, Inc. and Nancy Luu

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Hoberman Designs, Inc.,

) Case No. CV14-07110 BRO (AGRx)
)
)
Plaintiff,
) CONSENT DECREE PURSUANT
v.
) TO STIPULATION
J. N. Trading, Inc., Nancy Luu, and Does )
)
1 – 10, inclusive,
)
)
Defendants.
)

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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 J.N. Trading, Inc. and Nancy Luu

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(collectively “Defendants”), on the other hand, and good cause appearing therefore,

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hereby:

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Hoberman v. J.N. Trading, Inc., et al.: Stipulated Consent Decree

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ORDERS that this Consent Decree shall be and is hereby entered in the within

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action as follows:

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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 (“Plaintiff’s Properties”).

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

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3)

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

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Plaintiff has expended considerable resources in the creation and commercial

intellectual property rights in Plaintiff’s Properties.
4)

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;

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Hoberman v. J.N. Trading, Inc., et al.: Stipulated Consent Decree

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ii) Importing, manufacturing, distributing, advertising, selling, or

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offering for sale, in connection thereto any unauthorized promotional

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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

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Hoberman v. J.N. Trading, Inc., et al.: Stipulated Consent Decree

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Stipulation, and requesting entry of judgment against Defendants, be reopened

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should Defendant default under the terms of the Settlement Agreement or this

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Consent Decree.

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11)

This Court shall retain jurisdiction over Defendants for the purpose of making

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further orders necessary or proper for the construction or modification of this

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consent decree and judgment; the enforcement hereof; the punishment of any

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violations hereof; and for the possible entry of a further Judgment Pursuant to

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Stipulation in this action.

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12)

Except as provided herein, all claims alleged in the Complaint are dismissed
with prejudice.

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Dated: March 25, 2015
_______________________________
Hon. Beverly Reid O’Connell
United States District Judge

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Presented By:
J. Andrew Coombs, A Prof. Corp.

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By: __________________________
J. Andrew Coombs
Annie S. Wang
Attorneys for Plaintiff Hoberman Designs, Inc.

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Yang & Wang, P.C.
By: ________________________________
Tommy SF Wang
Leontyne Fan
Attorneys for Defendants J. N. Trading, Inc.
and Nancy Luu

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Pursuant to Local Rule 5-4.3.4(a)(2), the filer of this document attests that all other
signatories listed, and on whose behalf this filing is submitted, concur in the filing’s
content and have authorized this filing.

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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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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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