Pusheen Corporation v. Miniso Depot CA, Inc. et al

Filing 34

PERMANENT INJUNCTION AGAINST DEFENDANTS MINISO DEPOT CA, INC. AND USA MINISO DEPOT INC. filed by Judge Fernando M. Olguin. *See Order for Details.* (iv)

1
2
3
4
5
6
7
8
9
10
11

VENKAT BALASUBRAMANI (SBN 189192)
[e-mail]
STACIA N. LAY (admitted pro hac vice)
[e-mail]
FOCAL PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
Telephone: [phone]
Facsimile: [phone]
JORDAN RAPHAEL (SBN 252344)
[e-mail]
BYRON RAPHAEL LLP
1055 West 7th Street, Suite 3300
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
PUSHEEN CORPORATION

12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14
15
16

PUSHEEN CORPORATION, an
Illinois corporation,

17
18
19
20
21
22

Plaintiff,
v.
MINISO DEPOT CA, INC., a
California corporation; and USA
MINISO DEPOT INC., a Delaware
corporation,

Case No. 2:20-cv-01400 FMO (GJSx)
PERMANENT INJUNCTION
AGAINST DEFENDANTS MINISO
DEPOT CA, INC. AND USA MINISO
DEPOT INC.
Complaint filed: February 12, 2020

Defendants.

23
24
25
26
27
28
-1-

[PROPOSED] PERMANENT INJUNCTION

1

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

2

FINDINGS AND CONCLUSION

3

1.

This is an action brought by Plaintiff Pusheen Corporation (“Pusheen

4

Corp.”) against Defendants Miniso Depot CA, Inc. (“Miniso Depot CA”) and USA

5

Miniso Depot Inc. (“USA Miniso Depot”) (collectively, “Defendants” or

6

“Miniso”), in which Pusheen Corp. alleges that certain merchandise created,

7

manufactured, distributed and/or sold by Miniso infringed on Pusheen’s

8

copyrighted “Pusheen the cat” character and copyrighted works embodying that

9

character.

10

2.

Defendants do not admit to liability with regards to the creation,

11

manufacturing, distribution and/or sale of any merchandise infringing on Pusheen’s

12

copyrighted “Pusheen the cat” character or any copyrighted works embodying that

13

character.

14

3.

The Court has original subject matter jurisdiction over this copyright

15

infringement action under 28 U.S.C. §§ 1331 and 1338. Venue is proper in this

16

Court under 28 U.S.C. § 1391(b).

17

4.

The parties have resolved this lawsuit and, without any admission of

18

liability or fault, have stipulated to entry of the following Permanent Injunction

19

against Defendants.

20

INJUNCTION

21
22
23

1.

For purposes of this Permanent Injunction, the following definitions

apply:
(a)

“Copyrighted Work” shall mean any work, or portion thereof,

24

whether now in existence or later created, in which Pusheen Corp., or a parent,

25

subsidiary or affiliate of Pusheen Corp., owns or controls a valid and subsisting

26

exclusive right under the Copyright Act, 17 U.S.C. § 101 et seq. as it relates to

27

“Pusheen the cat.”

28

(b)

“Infringing Work” shall mean any unauthorized scan, copy,
-2-

[PROPOSED] PERMANENT INJUNCTION

1

reproduction, counterfeit, derivative work or other colorable imitation of a

2

Copyrighted Work, or any part thereof.

3
4

(c)
2.

“Days” means calendar days, unless otherwise specified.

Defendants and their agents, servants, employees, assigns, and all

5

those in active concert or participation with any of them (“Enjoined Parties”), who

6

receive actual notice of this Permanent Injunction by personal service or otherwise

7

are ORDERED and ENJOINED as follows:

8

(a)

Effective immediately upon entry of this Permanent Injunction,

9

the Enjoined Parties are permanently enjoined from infringing the Copyrighted

10

Work, either directly or contributorily, including generally but not limited to, by

11

copying, reproducing, displaying, promoting, marketing, advertising, offering for

12

sale or otherwise disposing of or distributing any Infringing Work.

13

(b)

Effective immediately upon entry of this Permanent Injunction,

14

the Enjoined Parties shall cease any and all distribution, marketing, advertising, or

15

other promotional activity with respect to any Infringing Work.

16

(c)

Effective immediately upon the entry of this Permanent

17

Injunction, the Enjoined Parties are permanently enjoined from inducing, aiding,

18

abetting, contributing to, or otherwise assisting anyone in infringing upon any

19

Copyrighted Work.

20

(d)

Within seven (7) business days of the entry of this Permanent

21

Injunction, the Enjoined Parties shall remove all advertisements or online

22

promotion for any Infringing Work.

23

(e)

Within thirty (30) days of the entry of this Permanent

24

Injunction, the Enjoined Parties shall destroy each and every piece of Infringing

25

Work that is in their possession, custody or control.

26

(f)

Within thirty (30) days of the entry of this Permanent

27

Injunction, the Enjoined Parties shall provide an affidavit to Pusheen Corp., signed

28

under penalty of perjury, certifying that to the extent that any Infringing Work
-3-

[PROPOSED] PERMANENT INJUNCTION

1

exists in their possession, custody or control, they have complied with the removal

2

and destruction of any Infringing Work as ordered herein.

3

3.

If Pusheen Corp. believes that Defendants have violated any provision

4

of this Permanent Injunction, Pusheen Corp. will provide Defendants with written

5

notice of the alleged violation and Defendants will have five (5) business days after

6

receipt of the notice to cure the alleged violation. If the alleged violation is not

7

cured by the expiration of this 5-day period, Pusheen Corp. may pursue any and all

8

actions and relief in connection with the alleged violation.

9
10

BINDING EFFECT
IT IS FURTHER ORDERED that this Permanent Injunction shall be binding

11

upon and inure to the benefit of the parties and all successors, assigns, parent

12

entities, subsidiaries, officers, directors, members, shareholders, distributors, agents,

13

affiliates, and all other persons who are in active concert or participation with

14

anyone described herein, who receive actual notice of this Permanent Injunction by

15

personal service or otherwise.

16
17

RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this

18

action for purposes of construing, modifying, and enforcing this Permanent

19

Injunction.

20
21

IT IS SO ORDERED.
Dated this 17th day of February, 2021.

22
23
24

/s/
Fernando M. Olguin
United States District Judge

25
26
27
28
-4-

[PROPOSED] PERMANENT INJUNCTION