DC Comics et al v. BCMini LLC et al

Filing 63

STIPULATION AND ORDER re 62 CONSENT DECREE. filed by DC Comics, Sanrio, Inc.. Signed by Judge EDWARD M. CHEN on 12/12/12. (bpf, COURT STAFF) (Filed on 12/12/2012)

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J. Andrew Coombs (SBN 123881)
[e-mail]
Nicole L. Drey (SBN 250235)
[e-mail]
J. Andrew Coombs, A P.C.
517 East Wilson Avenue, Suite 202
Glendale, California 91206
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs DC Comics and
Sanrio, Inc.
Daniel S. Mount (SBN 77517)
[e-mail]
Kathryn G. Spelman (SBN 154512)
[e-mail]
Daniel H. Fingerman (SBN 229683)
[e-mail]
On Lu (SBN 242693)
[e-mail]
Mount, Spelman & Fingerman, P.C.
RiverPark Tower, Suite 1650
333 West San Carlos Street
San Jose, California 95110
Telephone:
[phone]
Facsimile:
[phone]
Samuel L. Phillips (SBN 127793)
[e-mail]
Borton & Petrini, LLP
95 South Market Street, Suite 400
San Jose, California 95113
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for BCMini, LLC and
Miguel Cheng

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DC Comics and Sanrio, Inc.,
Plaintiffs,

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v.
BCMini, LLC, et al.,
Defendants.
DC Comics, et al. v. BCMini, et al.: Stipulated Consent Decree

)
) Case No. CV12-1967 EMC
)
) [PROPOSED] CONSENT DECREE
) PURSUANT TO STIPULATION
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The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that

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has been executed on behalf of Plaintiffs DC Comics and Sanrio, Inc. (collectively “Plaintiffs”), on
the one hand, and Defendants BCMini, LLC, and Miguel Cheng, an individual and d/b/a BC Office

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Products, BC Office, BC USA and Iwako USA (collectively “Defendants”), on the other hand, and
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good cause appearing therefore, hereby:
ORDERS that this Consent Decree shall be and is hereby entered in the within action as

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follows:

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1)

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pursuant to 17 U.S.C. § 101 et seq., 17 U.S.C. § 501, 28 U.S.C. §§ 1331 and 1338, and 28 U.S.C. §

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

1367. Service of process was properly made against Defendants, and each of them.

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2)

Plaintiffs are the owners or exclusive licensees of all rights in and to the copyright and

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trademark registrations listed or depicted in Exhibits “A” through “D,” attached hereto and

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incorporated herein by this reference, and the copyrights associated with the same (“Plaintiffs’

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Properties”).

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3)

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of Plaintiffs’ Properties on merchandise and in the enforcement of their intellectual property rights in

Plaintiffs have expended considerable resources in the creation and commercial exploitation

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Plaintiffs’ Properties.
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4)

Plaintiffs have alleged that Defendants have made unauthorized uses of Plaintiffs’ Properties

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or substantially similar likenesses or colorable imitations thereof.

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5)

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concert and participation with them who receive actual notice of the injunction are hereby restrained

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and enjoined from:

Defendants and their agents, servants, employees and attorneys, and all persons in active

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DC Comics, et al. v. BCMini, et al.: Stipulated Consent Decree

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a)

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Infringing Plaintiffs’ copyrights and trademarks in Plaintiffs’ Properties, either

directly, contributorily, vicariously, or in any manner, including generally, but not limited to,

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the unauthorized manufacture, importation, distribution, advertising, selling, offering for
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sale, any product which features any of Plaintiffs’ Properties (“Unauthorized Products”), and,

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specifically:

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i) Importing, manufacturing, distributing, advertising, selling, and/or offering for

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sale the Unauthorized Products or any other unauthorized products which picture,

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

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Plaintiffs’ Properties;

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ii) Importing, manufacturing, distributing, advertising, selling, and/or offering for
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sale in connection thereto any unauthorized promotional materials, labels,

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packaging or containers which picture, reproduce, copy or use the likenesses of

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or bear a confusing similarity to any of Plaintiffs’ Properties;

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

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confuse, mislead or deceive purchasers, Defendants’ customers and/or members

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of the public to believe, the actions of Defendants, the products sold by

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Defendants, or Defendants themselves are connected with Plaintiffs, are
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sponsored, approved or licensed by Plaintiffs, or are affiliated with Plaintiffs; or

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

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manufacture, distribution, advertising, selling, offering for sale, or other use of

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any goods or services, a false description or representation, including words or

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other symbols, tending to falsely describe or represent such goods as being those

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of Plaintiffs.
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6)

Each side shall bear its own fees and costs of suit.

DC Comics, et al. v. BCMini, et al.: Stipulated Consent Decree

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7)

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This Consent Decree shall be deemed to have been served upon Defendants at the time of its
execution by the Court.

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8)

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

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

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entry of this Consent Decree against Defendants.

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The Court shall retain jurisdiction of this action to entertain such further proceedings and to

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enter such further orders as may be necessary or appropriate to implement and enforce the

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provisions of this Consent Decree.

S DISTRICT
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AS M

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The Clerk of the Court is directed to close this matter.
12/12/12
Dated:

dwar
Judge E

Presented By:

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J. Andrew Coombs, A Prof. Corp.

RT

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ER

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By: __________________________
/s/ Nicole L. Drey
J. Andrew Coombs
Nicole L. Drey
Attorneys for Plaintiffs DC Comics and
Sanrio, Inc.

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Mount, Spelman & Fingerman, P.C.
By: ________________________
/s/ On Lu
Daniel S. Mount
Kathryn G. Spelman
Daniel H. Fingerman
On Lu
Attorneys for Defendants BCMini, LLC and
Miguel Cheng, an individual and d/b/a BC
Office Products, BC Office, BC USA and
Iwako USA

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DC Comics, et al. v. BCMini, et al.: Stipulated Consent Decree

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en

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R NIA

_______________________________D
RE
Hon. Edward M. Chen SO ORDE
SJudge
D
IT I
United States District
ODIFIE

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

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UNIT
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