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Nike, Inc. and Converse Inc v. Superstar International

May 15, 2013

NIKE, INC. AND CONVERSE INC., PLAINTIFFS/COUNTERCLAIM DEFENDANTS,
v.
SUPERSTAR INTERNATIONAL, INC., AC INT'L TRADING INC., AND SAI LIU, DEFENDANTS/COUNTERCLAIM PLAINTIFFS, AND JEAIR SHOES INC., KING-AIR TRADING INC., DUN HUANG INTERNATIONAL TRADING INC., XIAO MING WU, JIAN QIANG LIU, AND YUN MEI YUAN, DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Alicia G. Rosenberg

The Honorable John F. Walter

[PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER AGAINST DEFENDANTS SUPERSTAR INTERNATIONAL, INC., AC INT'L TRADING INC. AND SAI LIU

Plaintiffs NIKE, Inc. ("NIKE") and Converse Inc. ("Converse") (collectively, "Plaintiffs") filed civil action number 12-CV-5240 on June 15, 2012 against Superstar International, Inc., ("Superstar"), AC Int'l Trading Inc., ("AC Int'l"), Sai Liu ("S. Liu") (collectively, "the Superstar Defendants") and other defendants who are not party to this stipulation, asserting claims for (a) trademark infringement under 15 U.S.C. § 1114; (b) unfair competition under 15 U.S.C. § 1125(a); (c) trademark dilution under 15 U.S.C. § 1114; (d) trademark infringement and unfair competition under the common law; (e) trademark dilution under the California Business & Professions Code § 14247; (f) unfair competition under the California Business & Professions Code §§ 17200 et seq.; and (g) patent infringement under 35 U.S.C. § 271. Plaintiffs duly served their Complaint on Superstar Defendants on June 19, 2012. The Superstar Defendants now stipulate and consent to the Court's entry of this Consent Judgment.

NOW THEREFORE, upon consent of the parties, IT IS HEREBY

ORDERED, ADJUDGED, AND DECREED:

1. The Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. § 1121(a) and 28 U.S.C. §§ 1331, 1338(a) & (b), and 1367(a).

2. The Court has personal jurisdiction over the Superstar Defendants and venue is proper in this judicial district at least because of the Superstar Defendants' commission of infringing acts in this judicial district.

3. The Superstar Defendants admit that Converse owns all right, title, and interest in and to the valid and enforceable federal and common law trademark rights in: (a) the distinctive and non-functional overall look of the Chuck Taylor All Star high and low designs, and the midsole and outsole elements of those designs,

(b) the design of the two stripes on the midsole of the shoe, the design of the toe cap, the design of the multi-layered toe bumper featuring diamonds and line patterns, any sub-combination of these elements, and the relative position of these elements to each other, (c) U.S. Trademark Registration Nos. 1,588,960; 3,258,103; 4,062,112; and 4,065,482, and (d) the appearance of Converse's "Star in Circle" logos, including U.S. Trademark Registration Nos. 1,789,476 and 3,437,967. Converse's federally registered and common law trademark rights in these designs and/or logos are collectively hereafter referred to as the "Converse Marks."

4. The Superstar Defendants admit that the Converse Marks are well known, famous, and associated with Converse, and that the goodwill appurtenant thereto belongs exclusively to Converse.

5. The Superstar Defendants admit that Converse owns all right, title, and interest in and to the valid and enforceable U.S. Design Patent Nos. D555,332; D618,897; and D619,797, collectively hereafter referred to as the "Converse Patents."

6. The Superstar Defendants admit that NIKE owns all right, title, and interest in and to the valid and enforceable U.S. Design Patent Nos. D398,762; D498,912; D504,562; D511,884; D512,214; D529,273; D530,904; and D531,396, collectively hereafter referred to as the "NIKE Patents."

7. The Superstar Defendants admit that their promotion of, advertising of, offers to sell, sales, distribution and/or importation of products in connection with the Converse Marks or colorable imitations thereof, and/or of shoes bearing a design of the Converse Patents or a substantially similar design, and/or of shoes bearing a design of the NIKE Patents or a substantially similar design (collectively hereafter referred to as the "Infringing Footwear," where the Infringing Footwear includes, but is not limited to, shoes having the model numbers: 806; 816; 887; 1202; 3001; 3018; 3038; 3047; 8060; 8160; H202; H203; H806; H8809; K202; K829; KA3002; KA005; M202; W202; WH202; and W-3045): (a) is likely to cause confusion, mistake, or to deceive as to the affiliation, connection, or association of the Superstar Defendants with Converse, or as to the source, origin, sponsorship, or approval of the Superstar Defendants' products by Converse, dilutes the distinctiveness of the Converse Marks, and constitutes false designations of origin and unfair competition, (b) infringes the Converse Patents, and/or (c) infringes the NIKE Patents, respectively.

8. The Superstar Defendants and their respective subsidiaries, parents, affiliates, agents, licensees, successors, and assigns and all persons and entities in active concert or participation with ...


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