Sanrio Company, LTD. et al v. J.I.K. Accessories Inc et al

Filing 91

STIPULATED CONSENT JUDGMENT in favor of Sanrio Company, Ltd., Sanrio, Inc. against Accessitive Accessories Inc, Amuseco Assessories Inc, B.B. Apparels Inc, J.I.K. Accessories Inc, Brian Ban, Jason Bae, Joon Sik Bae; Signed by Judge Marilyn Hall Patel on 5/13/2011. (awb, COURT STAFF) (Filed on 5/16/2011)

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NOEL M. COOK, SBN 122777
LINDA JOY KATTWINKEL, SBN 164283
ALICA DEL VALLE, SBN 246006
OWEN, WICKERSHAM & ERICKSON, P.C.
455 Market Street, Suite1910
San Francisco, California 94105
[phone] Tel
[phone] Fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
SANRIO COMPANY, LTD. and SANRIO, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SANRIO COMPANY, LTD., a Japanese
corporation and SANRIO, INC., a California
corporation,

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Plaintiffs,
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vs.
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J.I.K. Accessories, Inc., Accessitive
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Accessories, Inc., B.B. Apparels Inc., Amuseco |
Accessories, Inc., Nana Accessory, Inc., Seanna |
Corporation, Heiress Enterprises, Inc., Pinkland |
Corporation, Inc., Bliss, Final Choice, Joon Sik |
Bae, Yong Woo Kim, Any Bae, Jason Bae,
|
Brian Ban, Ryan Bae, Ho Yong Na, Sang Wha |
Kim, Aeran Bae a/k/a Chris Bae, Jenny J. Lee, |
Sukmin Bae, John Bae, Lisa Bae, Grace Kim, |
Ken Chung, Yeun Sik Cha, Debbie Kim, DOES |
1- 10,
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Defendants
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Civil Action No. C 09-00440 MHP
[PROPOSED]
FINAL JUDGMENT ON CONSENT:
J.I.K ACCESSORIES, INC.,
ACCESSITIVE ACCESSORIES, INC.,
B.B. APPARELS INC., AMUSECO
ACCESSORIES, INC., JOON SIK BAE
A/K/A JASON BAE, ANDY BAE, BRIAN
BAE

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IT IS HEREBY ORDERED AND ADJUDGED as follows:

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Consent judgment is hereby entered jointly and severally against Defendants Accessitive

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Accessories, Inc., B.B. Apparels Inc., Amuseco Accessories, Inc., J.I.K. Accessories, Inc., Joon

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[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 1

C 09-00440 MHP

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Sik Bae a/k/a Jason Bae, Andy Bae (erroneously sued herein as Any Bae), Brian Bae

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(erroneously sued herein as Brian Ban and Ryan Bae) as follows:

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1.

Each party shall bear its own attorneys’ fees and costs.

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2.

Subject to paragraph 4 below, pursuant to 17 U.S.C. § 502(a) and 15 U.S.C. §

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1116(a), Defendants, their agents, servants, employees, and licensees, successors and assigns,

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and all persons or entities in active concert or participation with any of them who receive notice

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of this Final Judgment on Consent, are hereby PERMANENTLY ENJOINED from

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manufacturing, causing to be manufactured, importing, marketing, promoting, advertising,

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distributing, selling, and/or otherwise disposing of any product (i) bearing unauthorized designs

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that are substantially similar to the designs of the Hello Kitty, Keroppi, or Charmmy Kitty

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characters, and / or (ii) bearing any counterfeit, copy, or colorable imitation of any of Sanrio’s

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Registered Trademarks, and / or (iii) containing any infringement of Sanrio’s Registered

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Copyrights.

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3.

Each Defendant must disclose this Consent Judgment to all of its successors and

assigns.
4.

The Court shall maintain jurisdiction over the parties and subject matter of this

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civil action for the purpose of interpreting and enforcing this Final Judgment on Consent, any

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amendments thereto, and the Settlement Agreement attached hereto as Exhibit 1.

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The parties, either themselves or through their undersigned counsel, hereby consent to the

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entry of this Final Judgment on Consent.

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IT IS SO STIPULATED AND CONSENTED.

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OWEN, WICKERSHAM & ERICKSON, P.C.

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Date: May 12, 2011

By: ___/Noel M. Cook___________________
NOEL M. COOK
LINDA JOY KATTWINKEL
Attorneys For Plaintiffs
SANRIO COMPANY, LTD.
SANRIO, INC.

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[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 2

C 09-00440 MHP

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BLEDSOE, CATHCART, DIESTEL,
PEDERSEN & TREPPA, LLP

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Date: May 12, 2011

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By:____/L.J. Pedersen_________________
L. JAY PEDERSEN
JOSHUA N. ROSEN
Attorneys for Defendant
ACCESSITIVE ACCESSORIES, INC.

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TINGLEY PIONTKOWSKI LLP

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Date: May 12, 2011

By:____/Bruce C. Piontkowski_________
BRUCE C. POINTKOWSKI
JONATHAN A. MCMAHON
Attorney for Defendants
J.I.K. ACCESSORIES, INC.
ACCESSITIVE ACCESSORIES, INC.
B.B. APPARELS INC.
AMUSECO ACCESSORIES, INC.
JOON SIK BAE A/K/A JASON BAE
ANDY BAE and BRIAN BAE

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IT IS SO ORDERED AND ADJUDGED.

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ER

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R NIA

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______________________________________
HON. MARILYN HALL PATEL
U.S. DISTRICT COURT JUDGEH. Patel
arilyn
Judge M

NO

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D

RDERE

OO
IT IS S

LI

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UNIT
ED

13th
May
Dated this ______ day of ________________, 2011.

S DISTRICT
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TA

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N

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D IS T IC T O
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[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 3

C 09-00440 MHP

EXHIBIT 1

SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is made by and between Sanrio Co., Ltd., a
corporation organized and existing under the laws of the nation of Japan, with its principal place
of business located at 1-6-1 Osaki, Shinagawa ku, Tokyo 141-8603, Japan, Sanrio, Inc., a
corporation organized and existing under the laws of the State of California with its principal
place of business located at 570 Eccles Avenue, South San Francisco, California 94080
(collectively, “Sanrio” or “Plaintiffs”), J.I.K. Accessories, Inc., a California Corporation,
Accessitive Accessories, a California Corporation, B.B. Apparels Inc., a California Corporation,
Amuseco Accessories, Inc., a California Corporation, Joon Sik Bae a/k/a Jason Bae, Andy Bae
and Brian Bae (collectively, “Defendants” or “Joon Sik Bae Parties”), the third parties
designated on Schedule 1, which is incorporated by reference, including Amuse Northeast, LLC,
A Connecticut limited liability company, Amuseco Accessories, Inc. dba Amuse, a Florida
Corporation, Bae East Investments LLC, a Virginia limited liability company, BTBC Tempe
LLC, an Arizona limited liability company, BTE Houston Inc., a Texas Corporation, HnH
Accessories LLC, a New Jersey limited liability company, CJ Accessories, Inc. , a California
Corporation, Amuse (North Hollywood Store) and Hyunkuk Kang and Amuse (Plaza Mexico
Store) and Kyong Kim (collectively, the “Released Amuse Parties”). This Agreement shall be
effective between Plaintiffs and Defendants as of the last date of signature thereto by Defendants
(“Effective Date”). This Agreement shall be effective as to each Released Amuse Party as of the
date of signature thereto by the Released Amuse Party, or the Effective Date, whichever is later.

SETTLEMENT AGREEMENT: SANRIO / JOON SIK BAE DEFENDANTS & AMUSE PARTIES
Page 1 of 10

EXHIBIT A

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NOEL M. COOK, SBN 122777
LINDA JOY KATTWINKEL, SBN 164283
ALICA DEL VALLE, SBN 246006
OWEN, WICKERSHAM & ERICKSON, P.C.
455 Market Street, Suite1910
San Francisco, California 94105
[phone] Tel
[phone] Fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
SANRIO COMPANY, LTD. and SANRIO, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SANRIO COMPANY, LTD., a Japanese
corporation and SANRIO, INC., a California
corporation,

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Plaintiffs,
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vs.
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J.I.K. Accessories, Inc., Accessitive
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Accessories, Inc., B.B. Apparels Inc., Amuseco |
Accessories, Inc., Nana Accessory, Inc., Seanna |
Corporation, Heiress Enterprises, Inc., Pinkland |
Corporation, Inc., Bliss, Final Choice, Joon Sik |
Bae, Yong Woo Kim, Any Bae, Jason Bae,
|
Brian Ban, Ryan Bae, Ho Yong Na, Sang Wha |
Kim, Aeran Bae a/k/a Chris Bae, Jenny J. Lee, |
Sukmin Bae, John Bae, Lisa Bae, Grace Kim, |
Ken Chung, Yeun Sik Cha, Debbie Kim, DOES |
1- 10,
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Defendants
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Civil Action No. C 09-00440 MHP
STIPULATED FACTS AND
CONCLUSIONS OF LAW IN SUPPPORT
OF [PROPOSED]
FINAL JUDGMENT ON CONSENT:
J.I.K. ACCESSORIES, INC.,
ACCESSITIVE ACCESSORIES, INC.,
B.B. APPARELS INC., AMUSECO
ACCESSORIES, INC., JOON SIK BAE
A/K/A JASON BAE, ANDY BAE, AND
BRIAN BAE

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WHEREAS, on January 30, 2009, Sanrio Company, Ltd. and Sanrio, Inc. (“Plaintiffs”)

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initiated the instant action against the named defendants as set forth above for trademark

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infringement in violation of 15 U.S.C. § 1114, et seq.; copyright infringement in violation of 17

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STIPULATED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF
[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 1

C 09-00440 MHP

EXHIBIT A

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U.S.C. § 501, et seq.; unfair competition in violation of 15 U.S.C. §1125(a) et seq., as amended;

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unfair competition under the law of the State of California, Cal. Bus. & Prof. Code § 17200 et

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seq.; and common law unfair competition.

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WHEREAS, Defendants J.I.K. Accessories, Inc., Accessitive Accessories, Inc., B.B.

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Apparels Inc., Amuseco Accessories, Inc., Joon Sik Bae a/k/a Jason Bae, Andy Bae (erroneously

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sued herein as Any Bae), Brian Bae (erroneously sued herein as Brian Ban and Ryan Bae)

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(collectively, “Defendants”) and Plaintiffs have concluded a settlement resolving Plaintiffs’

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claims against these Defendants in this civil action;

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WHEREAS, the Plaintiffs and Defendants (the “Parties”) wish to resolve this civil action
through the entry of Judgment on Consent;
WHEREAS, without admitting that they knowingly infringed Plaintiffs’ rights and
specifically denying same, Defendants consent to the entry of Judgment on Consent;

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WHEREAS, each Party has waived the right to appeal from the Judgment on Consent;

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NOW THEREFORE, the Parties stipulate to the following facts and conclusions of law:

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STIPULATED FACTS
1.

Plaintiff Sanrio Co., Ltd. (“Sanrio”) is a Japanese corporation and maintains its

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principal place of business located at 1-6-1 Osaki, Shinagawa ku, Tokyo 141-8603, Japan.

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Plaintiff Sanrio, Inc. is a California corporation and maintains its principal place of business at

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570 Eccles Avenue, South San Francisco, California 94080.

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2.

Since 1960, Sanrio Co., Ltd. has been engaged in the business of manufacturing,

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distributing and selling products for use by children and young adults. All of Sanrio’s products

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are marked with the SANRIO trade name and mark. Since 1976, Sanrio, Inc. has been the

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exclusive United States distributor of the products of Sanrio Co., Ltd. and is currently the

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exclusive United States master licensee of the rights in and to the SANRIO trademarks and

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copyrights.

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3.

Sanrio is the creator and owner of the famous HELLO KITTY,

KEROKEROKEROPPI a/k/a KEROPPI, and CHARMMY KITTY characters, as well as many

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STIPULATED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF
[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 2

C 09-00440 MHP

EXHIBIT A

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other characters, as depicted in Exhibit 2 of the Complaint in this action. Since 1976, most of

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Sanrio’s merchandise marketed in the U.S. has displayed HELLO KITTY character artwork on

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the products and product packaging. Since 1988, KEROPPI character artwork has appeared on

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numerous Sanrio products and product packaging marketed in the U.S. Since 2004,

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CHARMMY KITTY character artwork has appeared on numerous Sanrio products and product

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packaging marketed in the U.S.

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4.

Sanrio owns many U.S. Certificates of Copyright Registration for artwork

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depicting the Sanrio Characters, including the following Registration Nos.: VA 130-420, VA 1-

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303-874 and Vau 684-322 and VA 1-342-775 (HELLO KITTY); VA 707-212 and VA 636-579

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(KEROPPI); and VA 1-296-111 (CHARMMY KITTY) (the “Sanrio Registered Copyrights”).

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5.

Sanrio owns several U.S. Trademark registrations, including U.S. Trademark

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Registration Nos. 1,200,083 and 1,277,721 for the design trademark depicting the head of the

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HELLO KITTY character; and 1,215,436 and 1,279,486 for the word mark HELLO KITTY, all

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of which are incontestable (collectively, “Sanrio’s Registered Trademarks”).

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6.

In addition to owning the foregoing federal trademark registrations, Sanrio owns

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all common law rights (including trademark and trade dress rights) to the HELLO KITTY

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character name and design, and the KEROPPI and CHARMMY KITTY character designs

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(collectively, “Sanrio’s Common Law Trademarks”).

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7.

Defendants are entities or individual residents of California, who were at all

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relevant times actively engaged in the operation, management and/or control of certain retail

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businesses called Amuse (the “retail stores”), and a wholesale business called Amuseco, all

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located in various counties in California.

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8.

During all times relevant to this action, Defendants were not authorized to

advertise, manufacture, import, distribute, or sell Sanrio merchandise.
9.

During various times in the past, Defendants distributed, through Amuseco, and

advertised, displayed and offered for sale at their retail stores, various infringing or counterfeit

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STIPULATED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF
[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 3

C 09-00440 MHP

EXHIBIT A

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products depicting the HELLO KITTY character, and/or the KEROPPI and/or CHARMMY

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KITTY characters (the “Counterfeit Merchandise”).

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STIPULATED CONCLUSIONS OF LAW

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10.

The Court has jurisdiction over the subject matter of this civil action.

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11.

Sanrio owns valid copyrights, trademarks and trade dress in the name and design

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of the HELLO KITTY, KEROPPI and CHARMMY KITTY characters.
12.

The Counterfeit Merchandise advertised, distributed and sold by Defendants

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contained infringing or counterfeit versions of Sanrio’s Registered Copyrights, Sanrio’s

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Registered Trademarks, and Sanrio’s Common Law Trademarks.

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13.

The acts of Defendants constituted copyright infringement, in violation of 17

U.S.C. § 501.
14.

The acts of Defendants constituted trademark and trade dress infringement, in

violation of 15 U.S.C. §§ 1114, 1125(a).
15.

The acts of Defendants constituted unfair competition in violation of 15 U.S.C.

§1125(a) et seq., as amended, Cal. Bus. & Prof. Code § 17200 et seq.; and common law.
The Parties, either themselves or through their undersigned counsel, hereby stipulate to

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the above facts and conclusions and consent to the entry of Judgment on Consent pursuant to the

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separately filed Proposed Judgment on Consent, and to entry of an Amendment to the Judgment

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on Consent pursuant to the Settlement Agreement in the form attached thereto in the event of a

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default in the payments provided in the Settlement Agreement.

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IT IS SO STIPULATED.

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OWEN, WICKERSHAM & ERICKSON, P.C.

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Date: ____________________________

By: __________________________________
NOEL M. COOK
LINDA JOY KATTWINKEL
Attorneys For Plaintiffs
SANRIO COMPANY, LTD.
SANRIO, INC.

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STIPULATED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF
[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 4

C 09-00440 MHP

EXHIBIT A

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BLEDSOE, CATHCART, DIESTEL,
PEDERSEN & TREPPA, LLP

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Date: ____________________________

By:___________________________________
L. JAY PEDERSEN
JOSHUA N. ROSEN
Attorneys for Defendant
ACCESSITIVE ACCESSORIES, INC.

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TINGLEY PIONTKOWSKI LLP

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Date: ____________________________ By:__________________________________
BRUCE C. POINTKOWSKI
JONATHAN A. MCMAHON
Attorney for Defendants
J.I.K. ACCESSORIES, INC.
ACCESSITIVE ACCESSORIES, INC.
B.B. APPARELS INC.
AMUSECO ACCESSORIES, INC.
JOON SIK BAE A/K/A JASON BAE
ANDY BAE and BRIAN BAE

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IT IS SO ORDERED AND ADJUDGED.

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Dated this ______ day of ________________, 2011.

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______________________________________
HON. MARILYN HALL PATEL
U.S. DISTRICT COURT JUDGE

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STIPULATED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF
[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 5

C 09-00440 MHP

EXHIBIT B

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NOEL M. COOK, SBN 122777
LINDA JOY KATTWINKEL, SBN 164283
ALICA DEL VALLE, SBN 246006
OWEN, WICKERSHAM & ERICKSON, P.C.
455 Market Street, Suite1910
San Francisco, California 94105
[phone] Tel
[phone] Fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
SANRIO COMPANY, LTD. and SANRIO, INC.

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UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
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SANRIO COMPANY, LTD., a Japanese
corporation and SANRIO, INC., a California
corporation,

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Plaintiffs,
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vs.
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|
J.I.K. Accessories, Inc., Accessitive
|
Accessories, Inc., B.B. Apparels Inc., Amuseco |
Accessories, Inc., Nana Accessory, Inc., Seanna |
Corporation, Heiress Enterprises, Inc., Pinkland |
Corporation, Inc., Bliss, Final Choice, Joon Sik |
Bae, Yong Woo Kim, Any Bae, Jason Bae,
|
Brian Ban, Ryan Bae, Ho Yong Na, Sang Wha |
Kim, Aeran Bae a/k/a Chris Bae, Jenny J. Lee, |
Sukmin Bae, John Bae, Lisa Bae, Grace Kim, |
Ken Chung, Yeun Sik Cha, Debbie Kim, DOES |
1- 10,
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Defendants
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|

Civil Action No. C 09-00440 MHP
[PROPOSED]
FINAL JUDGMENT ON CONSENT:
J.I.K ACCESSORIES, INC.,
ACCESSITIVE ACCESSORIES, INC.,
B.B. APPARELS INC., AMUSECO
ACCESSORIES, INC., JOON SIK BAE
A/K/A JASON BAE, ANDY BAE, BRIAN
BAE

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IT IS HEREBY ORDERED AND ADJUDGED as follows:

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Consent judgment is hereby entered jointly and severally against Defendants Accessitive

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Accessories, Inc., B.B. Apparels Inc., Amuseco Accessories, Inc., J.I.K. Accessories, Inc., Joon

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[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 1

C 09-00440 MHP

EXHIBIT B

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Sik Bae a/k/a Jason Bae, Andy Bae (erroneously sued herein as Any Bae), Brian Bae

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(erroneously sued herein as Brian Ban and Ryan Bae) as follows:

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1.

Each party shall bear its own attorneys’ fees and costs.

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2.

Subject to paragraph 4 below, pursuant to 17 U.S.C. § 502(a) and 15 U.S.C. §

5

1116(a), Defendants, their agents, servants, employees, and licensees, successors and assigns,

6

and all persons or entities in active concert or participation with any of them who receive notice

7

of this Final Judgment on Consent, are hereby PERMANENTLY ENJOINED from

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manufacturing, causing to be manufactured, importing, marketing, promoting, advertising,

9

distributing, selling, and/or otherwise disposing of any product (i) bearing unauthorized designs

10

that are substantially similar to the designs of the Hello Kitty, Keroppi, or Charmmy Kitty

11

characters, and / or (ii) bearing any counterfeit, copy, or colorable imitation of any of Sanrio’s

12

Registered Trademarks, and / or (iii) containing any infringement of Sanrio’s Registered

13

Copyrights.

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3.

Each Defendant must disclose this Consent Judgment to all of its successors and

assigns.
4.

The Court shall maintain jurisdiction over the parties and subject matter of this

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civil action for the purpose of interpreting and enforcing this Final Judgment on Consent, any

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amendments thereto, and the Settlement Agreement attached hereto as Exhibit 1.

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The parties, either themselves or through their undersigned counsel, hereby consent to the

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entry of this Final Judgment on Consent.

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IT IS SO STIPULATED AND CONSENTED.

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OWEN, WICKERSHAM & ERICKSON, P.C.

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Date: ____________________________

By: __________________________________
NOEL M. COOK
LINDA JOY KATTWINKEL
Attorneys For Plaintiffs
SANRIO COMPANY, LTD.
SANRIO, INC.

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[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 2

C 09-00440 MHP

EXHIBIT B

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BLEDSOE, CATHCART, DIESTEL,
PEDERSEN & TREPPA, LLP

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3
4

Date: ____________________________

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6

By:___________________________________
L. JAY PEDERSEN
JOSHUA N. ROSEN
Attorneys for Defendant
ACCESSITIVE ACCESSORIES, INC.

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TINGLEY PIONTKOWSKI LLP

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Date: ____________________________

By:___________________________________
BRUCE C. POINTKOWSKI
JONATHAN A. MCMAHON
Attorney for Defendants
J.I.K. ACCESSORIES, INC.
ACCESSITIVE ACCESSORIES, INC.
B.B. APPARELS INC.
AMUSECO ACCESSORIES, INC.
JOON SIK BAE A/K/A JASON BAE
ANDY BAE and BRIAN BAE

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IT IS SO ORDERED AND ADJUDGED.

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Dated this ______ day of ________________, 2011.

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______________________________________
HON. MARILYN HALL PATEL
U.S. DISTRICT COURT JUDGE

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[PROPOSED] JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
Page 3

C 09-00440 MHP

EXHIBIT C

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7

NOEL M. COOK, SBN 122777
LINDA JOY KATTWINKEL, SBN 164283
ALICA DEL VALLE, SBN 246006
OWEN, WICKERSHAM & ERICKSON, P.C.
455 Market Street, Suite1910
San Francisco, California 94105
[phone] Tel
[phone] Fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
SANRIO COMPANY, LTD. and SANRIO, INC.

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9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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15
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23

SANRIO COMPANY, LTD., a Japanese
corporation and SANRIO, INC., a California
corporation,

|
|
|
|
Plaintiffs,
|
|
vs.
|
|
J.I.K. Accessories, Inc., Accessitive
|
Accessories, Inc., B.B. Apparels Inc., Amuseco |
Accessories, Inc., Nana Accessory, Inc., Seanna |
Corporation, Heiress Enterprises, Inc., Pinkland |
Corporation, Inc., Bliss, Final Choice, Joon Sik |
Bae, Yong Woo Kim, Any Bae, Jason Bae,
|
Brian Ban, Ryan Bae, Ho Yong Na, Sang Wha |
Kim, Aeran Bae a/k/a Chris Bae, Jenny J. Lee, |
Sukmin Bae, John Bae, Lisa Bae, Grace Kim, |
Ken Chung, Yeun Sik Cha, Debbie Kim, DOES |
1- 10,
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|
Defendants
|
|

Civil Action No. C 09-00440 MHP
[PROPOSED]
AMENDMENT TO FINAL JUDGMENT
ON CONSENT:
J.I.K ACCESSORIES, INC.,
ACCESSITIVE ACCESSORIES, INC.,
B.B. APPARELS INC., AMUSECO
ACCESSORIES, INC., JOON SIK BAE
A/K/A JASON BAE, ANDY BAE, BRIAN
BAE

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The parties having stipulated to entry of this Amendment to Judgment on Consent in the

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event of a default in the payments as provided in the Settlement Agreement, and such default

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having now occurred,

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[PROPOSED] AMENDMENT TO JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
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EXHIBIT C

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IT IS HEREBY ORDERED AND ADJUGED as follows:

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The Judgment on Consent entered on [date] is hereby amended to add the following:

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6.

Consent Judgment is hereby entered jointly and severally against Defendants

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Accessitive Accessories, Inc., B.B. Apparels, Inc., Amuseco Accessories, Inc., J.I.K Accessories,

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Inc., Joon Sik Bae a/k/a Jason Bae, Andy Bae (erroneously sued herein as Any Bae), and Brian

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Bae (erroneously sued herein as Brian Ban and Ryan Bae) for two hundred and fifty thousand

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dollars ($250,000.00).

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7.

The Court shall maintain jurisdiction over the parties and subject matter of this

civil action for the purpose of interpreting and enforcing this Amendment to Judgment on
Consent.
The parties, either themselves or through their undersigned counsel, hereby consent to the

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entry of this Amendment to Consent Judgment.

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IT IS SO STIPULATED AND CONSENTED.

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OWEN, WICKERSHAM & ERICKSON, P.C.

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Date: ____________________________

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By: __________________________________
NOEL M. COOK
LINDA JOY KATTWINKEL
Attorneys For Plaintiffs
SANRIO COMPANY, LTD.
SANRIO, INC.

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BLEDSOE, CATHCART, DIESTEL,
PEDERSEN & TREPPA, LLP

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Date: ____________________________

By:___________________________________
L. JAY PEDERSEN
JOSHUA N. ROSEN
Attorneys for Defendant
ACCESSITIVE ACCESSORIES, INC.

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EXHIBIT C

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TINGLEY PIONTKOWSKI LLP

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Date: ____________________________

By:___________________________________
BRUCE C. POINTKOWSKI
JONATHAN A. MCMAHON
Attorney for Defendants
J.I.K. ACCESSORIES, INC.
ACCESSITIVE ACCESSORIES, INC.
B.B. APPARELS INC.
AMUSECO ACCESSORIES, INC.
JOON SIK BAE A/K/A JASON BAE
ANDY BAE and BRIAN BAE

IT IS SO ORDERED AND ADJUDGED.

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Dated this ______ day of ________________, 2011.

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______________________________________
HON. MARILYN HALL PATEL
U.S. DISTRICT COURT JUDGE

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[PROPOSED] AMENDMENT TO JUDGMENT ON CONSENT: J.I.K. ACCESSORIES, INC. ET AL
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C 09-00440 MHP