United States District Court, C.D. California
DECKERS OUTDOOR CORPORATION, a Delaware Corporation, Plaintiffs,
v.
REED SPORTSWEAR MANUFACTURING CO., a Michigan Corporation; and DOES 1-10, inclusive, Defendant.
BRENT
H. BLAKELY, CINDY CHAN, JESSICA C. COVINGTON BLAKELY LAW
GROUP ATTORNEYS FOR PLAINTIFF DECKERS OUTDOOR CORPORATION
ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT
INJUNCTION AND VOLUNTARY ACTION OF DISMISSAL WITH
PREJUDICE
HON.
OTIS D. WRIGHT II UNITED STATES DISTRICT JUDGE
WHEREAS
Plaintiff Deckers Outdoor Corporation (“Deckers”
or “Plaintiff”) having filed a Complaint in this
action charging Defendant Reed Sportswear Manufacturing Co.
(“Defendant”) with Trade Dress Infringement,
Patent Infringement, and Unfair Competition arising from
Defendant’s manufacture, distribution, promotion,
advertisement, offering for sale, and/or sale of footwear,
the design of which Deckers has alleged infringes upon its
Bailey Button Boot Trade Dress (defined below) and ‘189
Patent (defined below). The “Accused Products”
which Deckers has alleged infringe upon its trade dress and
design patent are identified by the Style Name(s)
“Shearling92”and/or “Sherling 92”)
(hereinafter “Accused Products”), an example of
which is shown below:
(Image
Omitted)
WHEREAS,
Deckers is the owner of U.S. Patent No. D616, 189 for the
“Bailey Button Triplet” boot (registered on May
25, 2010) (hereinafter “ ‘189 Patent”); and
WHEREAS,
Deckers is the owner of the “Bailey Button Boot Trade
Dress, ” which is characterized by a combination of the
following non-functional elements: (a) classic suede boot
styling made famous by the UGG brand; (b) overlapping of
front and rear panels on the lateral side of the boot shaft;
(c) curved top edges on the overlapping panels; (d) exposed
fleece-type lining edging the overlapping panels and top of
the boot shaft; and (e) one or more buttons (depending on the
height of the boot) prominently featured on the lateral side
of the boot shaft adjacent the overlapping panels, and which
characterization is accompanied by the following images:
(Image
Omitted)
WHEREAS,
the parties hereto desiring to fully settle all of the claims
in this action among the parties to this Final Consent
Judgment; and
WHEREAS,
the parties herein have simultaneously entered into a
Settlement Agreement and Mutual Release, WHEREAS Defendants
have agreed to consent to the below judgment, IT IS HEREBY
ORDERED THAT:
1. This
Court has jurisdiction over the parties to this Final Consent
Judgment and has jurisdiction over the subject matter hereof
pursuant to 15 U.S.C. § 1121.
2.
Defendant and its agents, servants, employees and all persons
in active concert and participation with them who receive
actual notice of this Final Consent Judgment are hereby
permanently restrained and enjoined from:
(a) Challenging the validity, enforceability, or
Deckers’ ownership of the Bailey Button Boot Trade
Dress and/or ‘189 Patent;
(b) Manufacturing, purchasing, producing, distributing,
circulating, selling, offering for sale, importing,
exporting, advertising, promoting, displaying, shipping,
marketing and/or incorporating in advertising or marketing
the Accused Products and/or any products that infringe upon
the Bailey Button Boot Trade Dress and/or ‘189 Patent;
(c) Committing any other act which falsely represents or
which has the effect of falsely representing that the goods
and services of Defendant are licensed by, authorized by,
offered by, produced by, sponsored ...