The Pokemon Company International, Inc. v. Spreadshirt, Inc., No. 2:2015cv00832 - Document 28 (W.D. Wash. 2015)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SPREADSHIRT, INC. by Judge Thomas S. Zilly. (PM)
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HONORABLE THOMAS S. ZILLY 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 THE POKÉMON COMPANY INTERNATIONAL, INC., 11 12 13 C15-832-TSZ FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SPREADSHIRT, INC. Plaintiff, v. SPREADSHIRT, INC., 14 Defendant. 15 16 17 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: FINDINGS AND CONCLUSIONS 18 19 1. This is an action brought by The Pokémon Company International, Inc. (“TPCi”) 20 against Spreadshirt, Inc. (“Spreadshirt”), for copyright infringement and contributory copyright 21 infringement under the Copyright Act, 17 U.S.C. § 101 et seq. In its Complaint, TPCi sought, in 22 part, injunctive relief under 17 U.S.C. § 502. 23 24 25 26 2. The Court has original subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338. Venue is proper in this Court under 28 U.S.C. § 1391(b) and (c). 3. The Complaint alleges that Spreadshirt’s reproduction and distribution of TPCi’s copyrighted characters and images on t-shirts and other merchandise sold on Spreadshirt’s 27 FINAL JUDGMENT AND PERM. INJ. (CASE NO. 2:15-cv-00832 TSZ) - 1 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966 1 website, www.spreadshirt.com (the “Spreadshirt Site”), and Spreadshirt’s inducement of, and 2 knowing contribution to, third parties’ similar conduct, infringes TPCi’s copyrighted works. FINAL JUDGMENT 3 4 Judgment is entered in favor of TPCi against Spreadshirt. INJUNCTION 5 6 1. For the purposes of this Permanent Injunction, the following definitions apply: (a) 7 “Copyrighted Work” shall mean a work containing Pokémon content, or 8 portion thereof, in which TPCi, or a parent, subsidiary or affiliate of TPCi, at the time of 9 Spreadshirt’s conduct in question, owns or controls a valid and subsisting exclusive right under 10 the Copyright Act, 17 U.S.C. § 101 et seq. 11 (b) “Days” means calendar days, unless otherwise specified. 12 (c) “Infringement Image” shall mean an image provided by TPCi to 13 Spreadshirt and containing a Copyrighted Work, to be used by Spreadshirt to comply with this 14 Permanent Injunction. (d) 15 “Infringing Item” shall mean any product, good, or merchandise bearing 16 any, or comprising a, simulation, reproduction, counterfeit, copy, or colorable imitation of an 17 Infringement Image, or any part thereof, manufactured, sold, offered for sale, advertised, 18 marketed, and/or distributed by or on behalf of Spreadshirt in the past or in the future. (e) 19 “Third-Party Infringer” shall mean any individual and entity, other than 20 Spreadshirt or its officers, agents, servants, employees, or assigns, involved in the design or 21 creation of Infringing Items. 22 2. Spreadshirt and its officers, agents, servants, employees, assigns, and all those in 23 active concert or participation with any of them (collectively, the “Enjoined Parties”), who 24 receive actual notice of this Permanent Injunction by personal service or otherwise, are 25 ORDERED and ENJOINED as follows: 26 27 (a) Within ten (10) days of entry of this Permanent Injunction, TPCi will provide to Spreadshirt a list of Infringement Images. FINAL JUDGMENT AND PERM. INJ. (CASE NO. 2:15-cv-00832 TSZ) - 2 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966 (b) 1 Within ten (10) days of Spreadshirt’s receipt of the list of Infringement 2 Images, the Enjoined Parties are permanently enjoined from infringing the Copyrighted Works, 3 either directly or contributorily, including generally, but not limited to, by manufacturing, 4 producing, selling, marketing, advertising, promoting, displaying, offering for sale or otherwise 5 disposing of or distributing any of the Infringing Items; and (c) 6 Within ten (10) days of Spreadshirt’s receipt of the list of Infringement 7 Images, the Enjoined Parties are permanently enjoined from inducing, aiding, abetting, 8 contributing to, or otherwise assisting anyone in infringing upon any of the Copyrighted Works. (d) 9 Within ten (10) days of Spreadshirt’s receipt of the list of Infringement 10 Images, the Enjoined Parties will: (i) destroy all Infringing Items in their possession, custody or 11 control, all marketing and advertising materials for the Infringing Items and all digital files 12 (except those kept for the purpose of complying with this injunction), screens, patterns, negatives 13 or other elements used for producing or manufacturing the Infringing Items; and (ii) notify all 14 warehouses, distributors or other similar entities to which Spreadshirt has sold or distributed the 15 Infringing Items, if any, demanding that each such entity destroy all Infringing Items in its 16 possession or return them to Spreadshirt for destruction. Spreadshirt will provide a sworn 17 affidavit to TPCi certifying that it has complied with the destruction of the Infringing Items as set 18 forth in this paragraph within two (2) days of the destruction. 19 3. It is further ORDERED that within ten (10) days of Spreadshirt’s receipt of the 20 list of Infringement Images, Spreadshirt will provide to TPCi a full and complete accounting 21 with respect to all Infringing Items offered for sale prior to the date the accounting is provided, 22 that includes the following: 23 (a) with respect to Infringing Items for which there were no sales, the total number of designs, in the aggregate, that were provided to Spreadshirt; and (b) with respect to Infringing Items for which there were sales, (i) the total number of items produced with respect to each such Infringing Item, (ii) the total number of items sold with respect to each such Infringing Item, 24 25 26 27 FINAL JUDGMENT AND PERM. INJ. (CASE NO. 2:15-cv-00832 TSZ) - 3 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966 (iii) the total amounts received from the sale of each such Infringing Item; and (iv) the total amounts paid to or received by all Third-Party Infringers in connection with the sale of each such Infringing Item, including the name of, and contact information for, each such Third-Party Infringer. 1 2 3 4 5 Spreadshirt will provide a sworn affidavit to TPCi at the time it provides the foregoing accounting, certifying that the information contained in the accounting is true, accurate and complete. 6 7 8 9 10 11 12 13 BINDING EFFECT IT IS FURTHER ORDERED that this Permanent Injunction will be binding upon and inure to the benefit of the parties and all successors, assigns, subsidiaries, officers, directors, members, distributors, agents, affiliates, and all other persons who are in active concert or participation with anyone described herein, who receive actual notice of this Permanent Injunction by personal service or otherwise. Without limiting the foregoing, Spreadshirt will ensure that any person or entity who purchases all or a portion of its assets or business of making or printing products on demand has notice of this Permanent Injunction. 14 15 16 17 18 RETENTION OF JURISDICTION IT IS FURTHER ORDERED that the Court will retain jurisdiction of this action for purposes of construing, modifying, and enforcing this Permanent Injunction. IT IS SO ORDERED. DATED this 23rd day of November, 2015. 19 20 A 21 22 Thomas S. Zilly United States District Judge 23 24 25 26 27 FINAL JUDGMENT AND PERM. INJ. (CASE NO. 2:15-cv-00832 TSZ) - 4 focal PLLC 800 Fifth Ave., Ste. 4100 Seattle, WA 98104 206.260.3966
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