Disney Enterprises Inc et al v. Sophia Shih et al
| Warner Bros Entertainment Inc, Sanrio Inc, Disney Enterprises Inc and DC Comics |
| Sophia Shih and Does |
| Sophia Shih |
| Warner Bros Entertainment Inc, Shannon Enox, Sanrio Inc, Disney Enterprises Inc, DC Comics, Brand Security, Inc. and Michael Chapman, - |
| 2:2012cv05601 |
| June 27, 2012 |
| US District Court for the Central District of California |
| Audrey B. Collins |
| Oswald Parada |
| Copyright |
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Filing
34
CONSENT DECREE AND PERMANENT INJUNCTION filed by Judge Audrey B. Collins: PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Disney Enterprises, Inc. ("DEI"), Warner Bros. Entertainment Inc. ("Warner Bros."), DC Comics and Sanrio, Inc. ("Sanrio") (collectively "Plaintiffs"), Brand Security Corporation ("BSC" ;) and Defendant Sophia Shih a/k/a Sophia Shi, an individual and d/b/a Auto Mates and Auto Mates and More ("Defendant"), in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' stipulation and only as to Defendant, her successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U. S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338.... Defendant and her agents, servants, employees and all persons in active concert and participation with her who receive actual notice of the injunction are hereby restrained and enj oined from directly, contributorily or vicariously or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, or materially contributing to in any manner, from: a) Infringing Plaintiffs' copyrights and trademarks in Plaintiffs' Properties, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, advertising, selling, offering for sale, any unauthorized pro duct which features any of Plaintiffs' Properties ("Unauthorized Products").... each side shall bear its own fees and costs of suit. Except as provided herein, all claims alleged in the Complaint as to Defendant are dismissed with pre judice. The claims for relief, and each of them, alleged by Defendant against Plaintiffs, BSC, Shannon Enox and Michael Chapman, in the "Counterclaim" filed on or about July 30, 2012, as Docket No. 27, shall be dismissed with prejudice, in its entirety. Defendant confirms the seizure that took place on July 2, 2012, and Plaintiffs are given leave to destroy or otherwise dispose of the goods seized. The BOND re Defendant (No. 105777926) in the amount of $5,000.00 filed by Plaint iffs in connection with the temporary restraining order and order for seizure and impoundment is EXONERATED AND DISCHARGED, and the surety on said undertaking shall have no further liability in connection therewith whatsoever. This injunction shall b e deemed to have been served upon Defendant at the time of its execution by the Court.....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 to implement and enforce the provisions of this Injunction. The above-captioned action, shall, upon filing by Plaintiffs of the SettlementAgreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendant, be reopened should either Parties default under the terms of the Settlement Agreement. This Court shall retain jurisdiction over Defendant for the purpose of making further orders necessary or proper for the construction or modif ication of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (MD JS-6. Case Terminated) (lw)
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