Free Order - District Court of California - California

Case 3:07-cv-02771-JSW Document 22 Filed 09/12/2007 Page 1 of 4
1 J. Andrew Coombs (SBN 123881)
andy@c00mbspc. com
2 Annie S. Wang (SBN 243027)
annie@c00mbspc. com
3 J. Andrew Coombs, A P.C.
517 East Wilson Avenue, Suite 202
4 Glendale, California 91206
Telephone: (818) 500-3200
5 Facsimile: (818) 500-3201
6 Michael W.O. Holihan, Esq.
Michael W.O. Holihan, P.A
7 1101 N. Lake Destiny Drive, # 350
Maitland, Florida 32751
8 Telephone: (407) 660-8575
9 Facsimile: (407) 550-0510 (
Attorneys for Plaintiffs Disney
10 Enterprises, Inc., Sanrio, Inc., DC Comics,
Hanna-Barbera Productions, Inc. and
H Warner Bros. Entertainment Inc.
12 Tom Mahaney
Bouncin Bins, Inc.
13 24236 Willis Creek Street
14 Caldwell, ID 83607
15 Defendant, in pro se
William Bart Barringer
16 Mayol & Barringer
P O Box 3049
17 Modesto, CA 95353
18 Telephone: (209) 544-9555
_ 19 Attorney for Bouncin Bins, Inc.
UNITED STATES DISTRICT COURT
20
NORTHERN DISTRICT OF CALIFORNIA
21
)
22 Disney Enterprises, Inc., et al. ) Case No. C 07-02771 JSW
)
23 Plaintiffs, ) CONSENT DECREE
v. ) PURSUANT TO STIPULATION
24 )
Bouncin Bins, Inc., Torn Mahaney and Does 1- )
25 10, inclusive, g
26 Defendants. )
)
27
28
Disney, et al. v. Bouncin Bins, etal.: Stipulated Consent Decree - 1 -

Case 3:07-cv-02771-JSW Document 22 Filed O9/12/2007 Page 2 of 4
I The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that
2 has been executed on behalf of Plaintiffs Disney Enterprises, Inc., Sanrio, Inc. DC Comics, Hanna-
3 Barbera Productions, Inc., and Wamer Bros. Entertainment Inc. on the one hand (collectively
4 "Plaintiffs") and Bouncin Bins, Inc. and Tom Mahaney (collectively "Defendants”) on the other
5 hand, and good cause appearing therefor, hereby:
ORDERS that this Consent Decree shall be and is hereby entered in the withir1 action as
6 follows:
7 1) This Court has jurisdiction over the parties to this action and over the subject matter hereof
8 pursuantto 17 U.S.C. § 101 j,, 17 U.S.C. § 501, 15 U.S.C. § 1051 yggp 15 U.S.C. § 1121,
9 28 U.S.C. §§ 1331 and 1338, and 28 U.S.C. § 1367. Service ofprocess was properly made
10 against Defendants, and each of them.
H 2) Disney is the owner of all rights in and to the copyright and trademark registrations listed in
Exhibits “A” and “B" attached hereto and incorporated herein by this reference, and the
12 copyrights and trademarks associated with the same.
13 3) Sanrio, Inc. is the owner of all rights in and to the copyright and trademark registrations listed in
14 Exhibits "C" and "D” attached hereto and incorporated herein by this reference, and the
15 copyrights and trademarks associated with the same.
16 4) DC Comics is the owner of all rights in and to the copyright and trademark registrations listed in
17 Exhibits "E" and “F" attached hereto and incorporated herein by this reference, and the
copyrights and trademarks associated with the same.
18 5) Hanna-Barbera Productions, Inc. is the owner of all rights in and to the copyright and trademark
19 registrations listed in Exhibits "G" and "H" attached hereto and incorporated herein by this
20 reference, and the copyrights and trademarks associated with the same.
21 6) DC Comics and Hanna-Barbera Productions, Inc. have granted and transferred to Wamer Bros.
22 Entertainment Inc. the right to supervise in the United States the merchandising and licensing of
23 the copyrighted elements, trademarks, trade names and service marks incorporated in or
associated with the DC Comics and Hanna-Barbera Characters. (The characters, images,
24 trademarks and copyrightsidentiiied in Exhibits A, B, C, D, E, F, G, and H are collectively
25 referred to herein as "Plaintiffs’ Properties.")
26 7) Plaintiffs have expended considerable resources in the creation and commercial exploitation of
27 PlaintitI`s’ Properties on merchandise such as clothing and other products, and in the enforcement
28 of their respective intellectual property rights in Plaintiffs’ Properties.
Disney, et al . v. Bouncin Bins, et en.; Stipulated Consent Deenee - 2 -

Case 3:07-cv—O2771-JSW Document 22 Filed O9/12/2007 Page 3 of 4
I 8) Plaintiffs have alleged that the Defendants, and each of them, has made unauthorized uses of
2 Plaintiff`s’ Properties or substantially similar likenesses or colorable imitations thereof
3 9) The Defendants and their agents, servants, employees and all persons in active concert and
4 participation with them who receive actual notice ofthe injunction are hereby restrained and
5 enjoined Hom:
a) Infiinging Plainti1fs’ copyrights and trademarks in Plaintiffs’ Properties, either
6 directly or contributorily, in any manner, including generally, but not limited to
7 manufacturing, importing, distributing, advertising, selling, offering for sale, renting
8 or offering to rent any unauthorized product which features any of Plaintiffs’
9 Properties ("Unauthorized Products”), and, specifically:
10 b) Importing, manufacturing, distributing, advertising, selling, offering for sale, renting
H or offering to rent the Unauthorized Products or any other unauthorized products
which picture, reproduce, copy or use the likenesses of or bear a substantial
12 similarity to any of Plaintiff`s’ Properties;
13 c) Importing, manufacturing, distributing, advertising, selling, offering for sale, renting
14 or offering to rent in connection thereto any unauthorized promotional materials,
15 labels, packaging or containers which picture, reproduce, copy or use the likenesses
16 of or bear a confusing similarity to any of Plaintiff`s’ Properties;
17 d) Engaging in any conduct that tends falsely to represent that, or is likely to confuse,
mislead or deceive purchasers, the Defendants’ customers and! or members ofthe
18 public to believe, the actions ofthe Defendants, the products sold by Defendants, or
19 the Defendants themselves are connected with Plaintiff`s, are sponsored, approved or
20 licensed by Plaintiffs, or are affiliated with Plaintiffs;
21 e) Affixing, applying, annexing or using in connection with the importation,
22 manufacture, distribution, advertising, selling, offering for sale, renting or offering to
23 rent or other use of any goods or services, a false description or representation,
including words or other symbols, tending to falsely describe or represent such goods
24 as being those of Plaintiffs.
25 10) Each side shall bear its own fees and costs of suit.
26 11) This Consent Decree shall be deemed to have been served upon Defendants, and each of them, at
27 the time of its execution by the Court.
28
Disney, et al . v. Bcuncin Bins, et al.: Stipulated Consent Decree - 3 -

$E’°‘“‘E““? @‘%i@@ §f0°7"-’§i?Pé5“§i*'71@iI§w Docb?Fi3%‘i?219 Filed 09/I?/%@?““3@&ge 4 of 4 ’°- M
i I I2) The Court Ends there is no just reason for delay in entering this Consent Decree and, pursuant to
- 2 Rule S4(a) ofthe Federal Rules of Civil Procedure, the Court directs immediate entry of this
3 Consent Doueo against Dcfmdants.
4 13) The Court slmll retain jurisdiction of this action to ememin such. timhu proceedings and to enter
S such iiirther orders as may be necessary or appropriate to implement and enforce the provisions
of this Consem Decree.
6 Dated: September 12, 2007
7 1
,4*:*27 Ali hun
8 •4" /ng "-•t¢
i J ge, e tates District Court tor the
9 orthem Di · ict of Califomia
l° Presented By:
H J. Andrew Coombs of Corp.
12 By:
J. w Coombs
13 Attorneys aintiifs Disney Enterprises, _
Inc., Sanrio, Inc., DC Comics, Hanna-Barbera
14 Productions, Inc., and Wamcr Bros. Entertninrnent Inc.
I5
I6 Tom Mahoney
17 By; @44,,-V
om M ey
IB Defendant, in pro se
19 /
20 Mayo! & Baninger
illiam Bart
22 Attorney for Defendant Bouncin Bins, Inc.
23
24 l
25
26
27
28
SEP-11-2007 14:55 _ 120984594].9 96% P.OO1

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September 12, 2007