Deckers Outdoor Corporation v. Golden Asia Footwear Inc. et al

Filing 10

ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE by Judge Manuel L. Real: Upon Stipulation 9 , IT IS HEREBY ORDERED that: Defendants Golden Asia Footwear Inc. and Guochang Jiang and their agen ts, servants, employees and all persons in active concert and participation with it who receive actual notice of this Final Consent Judgment are hereby permanently restrained and enjoined re Plaintiff's Bailey Button Boot Trade Dress and/or Bail ey Button Design Patents, etc. Plaintiff Deckers Outdoor Corporation and Defendants shall bear their own costs and attorneys' fees associated with this action. Except as otherwise provided in this Order, this action is fully resolved with prejudice. See document for details. ( MD JS-6. Case Terminated ) (gk)

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1 2 3 4 5 6 7 Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 1334 Parkview Avenue, Suite 280 Manhattan Beach, California 90266 Telephone: (310) 546-7400 Facsimile: (310) 546-7401 JS-6 Attorneys for Plaintiff Deckers Outdoor Corporation 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ) CASE NO. 2:15-cv-00750-R (Ex) ) ) ORDER RE CONSENT JUDGMENT ) INCLUDING PERMANENT ) INJUNCTION AND VOLUNTARY Plaintiff, ) DISMISSAL OF ACTION WITH v. ) PREJUDICE GOLDEN ASIA FOOTWEAR INC., a ) ) California Corporation; and GUOCHANG JIANG, an individual, and ) ) DOES 1-10, inclusive, ) ) ) Defendants. ) DECKERS OUTDOOR CORPORATION, a Delaware Corporation, WHEREAS Deckers Outdoor Corporation has filed a Complaint in this 20 action charging Defendants Golden Asia Footwear Inc. and Guochang Jiang 21 (collectively “Defendants”) with Trade Dress Infringement, False Designations of 22 Origin, Unfair Competition, and Patent Infringement arising from Defendants’ 23 manufacture, distribution, promotion, advertisement, offering for sale, and/or sale of 24 footwear, the designs of which Deckers has alleged infringe upon its Bailey Button 25 Boot Trade Dress (defined below) and Bailey Button Design Patents (defined below), 26 which are identified by Style Names “8903” and “9903” (hereinafter “Disputed 27 Products”) and shown below: 28 1 ORDER 1 2 3 4 5 6 7 WHEREAS, Deckers is the owner of the following design patents issued by the 8 United States Patent and Trademark Office: U.S. Patent Nos. D599,999 for the “Bailey 9 Button Single” boot (registered on September 15, 2009) and D616,189 for the “Bailey 10 Button Triplet” boot (registered on May 25, 2010) (hereinafter “Bailey Button Design 11 Patents”); and 12 WHEREAS, Deckers is the owner of the “Bailey Button Trade Dress,” which is 13 characterized by a combination of the following non-functional elements: (a) classic 14 suede boot styling made famous by the UGG brand; (b) overlapping of front and rear 15 panels on the lateral side of the boot shaft; (c) curved top edges on the overlapping 16 panels; (d) exposed fleece-type lining edging the overlapping panels and top of the 17 boot shaft; and (e) one or more buttons (depending on the height of the boot) 18 prominently featured on the lateral side of the boot shaft adjacent the overlapping 19 panels, and which characterization is accompanied by the following images: 20 21 22 23 24 25 26 27 28 WHEREAS, the parties hereto desiring to fully settle all of the claims in this action among the parties to this Final Judgment; and 2 ORDER 1 2 3 4 5 6 7 8 9 WHEREAS, the parties hereto desiring to fully settle all of the claims in this action among the parties to this Final Judgment; and WHEREAS, the parties herein have simultaneously entered into a Confidential Settlement Agreement and Mutual Release, WHEREAS, Defendants have agreed to consent to the below terms of a permanent injunction, 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. Defendants and their agents, servants, employees and all persons in active 10 concert and participation with it who receive actual notice of this Final Consent 11 Judgment are hereby permanently restrained and enjoined from infringing upon 12 Plaintiff’s Bailey Button Boot Trade Dress and/or Bailey Button Design Patents either 13 directly or conributorily in any manner, including: 14 (a) Manufacturing, purchasing, producing, distributing, circulating, 15 selling, offering for sale, importing, exporting, advertising, promoting, displaying, 16 shipping, marketing and/or incorporating in advertising or marketing the Accused 17 Products and/or any other products which infringe upon the Bailey Button Boot Trade 18 Dress and/or Bailey Button Design Patents; 19 (b) In any future proceedings between the parties, challenging the 20 validity, enforceability, or Deckers’ ownership of the Bailey Button Boot Trade Dress 21 and/or Bailey Button Design Patents, provided that notwithstanding the foregoing 22 Defendant reserves all other arguments and positions that may be available to them 23 should they be required to defend any design patent and/or trade dress infringement 24 claims by Deckers; 25 (c) Knowingly assisting, aiding or attempting to assist or aid any other 26 person or entity in performing any of the prohibited activities referred to in Paragraphs 27 2(a) to 2(c) above. 28 3 ORDER 1 2 3 3. Deckers and Defendants shall bear their own costs and attorneys’ fees associated with this action. 4. The execution of this Final Consent Judgment shall serve to bind and 4 obligate the parties hereto. However, dismissal with prejudice of this action shall not 5 have preclusive effect on those who are not a party to this action or who are not 6 specifically released in the parties’ written settlement agreement, all claims against 7 whom Plaintiff expressly reserves. 8 9 5. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this Final 10 Consent Judgment, the enforcement thereof and the punishment of any violations 11 thereof. Except as otherwise provided herein, this action is fully resolved with 12 prejudice. 13 14 IT IS SO ORDERED. 15 16 DATED: March 25, 2015 __________________________ Hon. Manuel L. Real United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 4 ORDER

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