UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 1, 2011
DECKERS OUTDOOR CORPORATION, PLAINTIFF,
MARY ZAREK, AN INDIVIDUAL AND D/B/A WWW.STRUTTINSTYLE.COM;
SUSAN O'CONNELL, AN INDIVIDUAL AND D/B/A WWW.STRUTTINSTYLE.COM AND
DOES 1 -- 10, INCLUSIVE, DEFENDANTS.
E-FILED 02/02/11 JS-6
[PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION
The Court, having read and considered the Joint Stipulation for Permanent Injunction that has been executed by Plaintiff Deckers Outdoor Corporation ("Deckers" or "Plaintiff") and Defendants Mary Zarek and Susan O'Connell, individuals and doing business as www.struttinstyle.com ("Defendants"), in this action:
GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Permanent 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 the provisions of the Lanham Act, 15 U.S.C. § 1051, et seq., as well as 28 U.S.C. § 1338(a) and 28 U.S.C. § 1331.
2) Service of process was properly made on the Defendants. 3) Deckers owns or controls the pertinent rights in and to the trademarks listed in Exhibits "A" and "B" attached hereto and incorporated herein by this reference (The trademarks identified in Exhibits "A" and "B" are collectively referred to herein as the "Deckers Trademarks").
4) Defendants have made unauthorized uses of the Deckers Trademarks or substantially similar likenesses or colorable imitations thereof.
5) Defendants and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of the Injunction are hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116, from:
a) Infringing the Deckers Trademarks, either directly or contributorily, in any manner, by:
i) Importing, manufacturing, distributing, advertising, selling and/or offering for sale any unauthorized products which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of the Deckers Trademarks ("Unauthorized Products");
ii) Importing, manufacturing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of the Deckers Trademarks;
iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendants' customers and/or members of the public to believe, the actions of Defendants, or either of them, the products sold by Defendants, or either of them, or either of the Defendants themselves are connected with Deckers, are sponsored, approved or licensed by Deckers, or are affiliated with Deckers;
iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale 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 as being those of Deckers.
6) Defendants are ordered to deliver for destruction all Unauthorized Products, including footwear, and labels, signs, prints, packages, dyes, wrappers, receptacles and advertisements relating thereto in their possession or under their control bearing any of the Deckers Trademarks or any simulation, reproduction, counterfeit, copy or colorable imitations thereof, and all plates, molds, heat transfers, screens, matrices and other means of making the same.
7) Except for the allegations contained herein, the claims alleged in the Complaint against Defendants are dismissed with prejudice.
8) This Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court.
9) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendants.
/s/ Annie S. Wang
UGG U.S. Registration No. 3,050,925
Sun Logo U.S. Registration No. 2,314,853
PROOF OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, and not a party to the above-entitled cause. I am employed by a member of the Bar of the United States District Court of California. My business address is 517 E. Wilson Ave., Suite 202, Glendale, California 91206.
On February 1, 2011, I served on the interested parties in this action with the:
* JOINT STIPULATION RE ENTRY OF PROPOSED CONSENT DECREE
* [PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION
for the following civil action:
Deckers Outdoor Corporation v. S. McLaughlin, et al.
by placing a true copy thereof in an envelope to be immediately sealed thereafter. I am readily familiar with the office's practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid at Glendale, California in the ordinary course of business. I am aware that on motion of the party served, service presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit.
Richard C. O'Hare, Esq. 135 Keller Street, Suite D Petaluma, California 94952
Place of Mailing: Glendale, California
Executed on February 1, 2011, at Glendale, California.
/s/ Jeremy Cordero
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