Deckers Outdoor Corporation v. Realplay Corp. et al

Filing 39

ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY ACTION OF DISMISSAL WITH PREJUDICE by Judge Consuelo B. Marshall in favor of Deckers Outdoor Corporation and against Realplay Corp., Cheung-Tzong Wang. Defendants, and all person in active concert, etc., are hereby permanently restrained and enjoined from infringing upon any of the trade dresses and/or registered design patents identified in Exhibit A. Plaintiff and Defendants shall bear their own costs and attorneys' fees associated with this action. Related to: Stipulation for Permanent Injunction 38 . ( MD JS-6. Case Terminated ) (See attached document for details.) (lom)

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Brent H. Blakely (SBN 157292)
[e-mail]
Cindy Chan (SBN 247495)
[e-mail]
Jessica C. Covington (SBN 301816)
[e-mail]
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Deckers Outdoor Corporation

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DECKERS OUTDOOR CORPORATION, ) CASE NO. 2:15-cv-00754-CBM-JPRx
)
a Delaware Corporation,
)
)
Plaintiffs,
) ORDER RE CONSENT JUDGMENT
) INCLUDING PERMANENT
v.
) INJUNCTION AND VOLUNTARY
) ACTION OF DISMISSAL WITH
) PREJUDICE
REALPLAY CORP., a California
) [JS-6]
Corporation; and CHEUNG-TZONG
)
WANG, an individual, and DOES 1-10,
)
Hon. Consuelo B. Marshall
inclusive,
)
)
Defendants.
)
WHEREAS Plaintiff Deckers Outdoor Corporation (collectively “Plaintiff”
or “Deckers”) having filed a Complaint in this action charging Defendants Realplay
Corp. and Cheung-Tzong Wang (“Defendants”) with Trade Dress Infringement,
Patent Infringement, and Unfair Competition arising from Defendants’ manufacture,
distribution, promotion, advertisement, offering for sale, and/or sale of footwear, of
Deckers’ Bailey Button Boot Trade Dress and boot designs, to which Deckers owns
design patents D599,999, D616,189, D582,650 and/or trade dress rights, including
rights to the UGG® “Bailey Button” boot, by certain of Defendants’ footwear products
identified by Style Names “TOM-01,” “TOM-05,” “TOM-06,” and “JEFF-02”
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ORDER

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(hereinafter “Accused Products”), examples of which are shown below:

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UGG® Bailey Button Boot
Design Patent D599,999

UGG® Bailey Button Boot

Defendants’ Accused Product
“TOM-06”

UGG® Bailey Button Boot
Design Patent D599,999

UGG® Bailey Button Boot

Defendants’ Accused Product
“JEFF-02”

UGG® Cardy Boot
Design Patent D582,650

UGG® Cardy Boot

Defendants’ Accused Product
“TOM-05”

UGG® Bailey Button Triplet
Boot Design Patent D616,189

UGG® Bailey Button
Triplet Boot

Defendants’ Accused Product
“TOM-01”

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ORDER

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WHEREAS, Deckers is the owner of the trade dresses and registered design
patents identified in Exhibit A, attached hereto;
WHEREAS, the parties hereto desiring to fully settle all of the claims in this
action among the parties to this Consent 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 judgment, IT IS
HEREBY ORDERED THAT:
1.

Defendants and their agents, servants, employees and all persons in active

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concert and participation with them who receive actual notice of this Consent

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Judgment are hereby permanently restrained and enjoined from infringing upon any of

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the trade dresses and/or registered design patents identified in Exhibit A, attached

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hereto, either directly or contributorily in any manner, including:

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(a)

Challenging the validity, enforceability, or Deckers’ ownership of

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the trade dresses and/or registered design patents identified in Exhibit A, attached

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hereto;

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(b)

Manufacturing, purchasing, producing, distributing, circulating,

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selling, offering for sale, importing, exporting, advertising, promoting, displaying,

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shipping, marketing and/or incorporating in advertising or marketing the Accused

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Products or products which infringe upon the trade dresses and/or registered design

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patents identified in Exhibit A, attached hereto;

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(c)

Committing any other act which falsely represents or which has the

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effect of falsely representing that the goods and services of Defendants are licensed by,

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authorized by, offered by, produced by, sponsored by, or in any other way associated

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with Plaintiff;

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(d)

Knowingly assisting, aiding or attempting to assist or aid any other

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person or entity in performing any of the prohibited activities referred to in Paragraphs

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1(a) to 1(c) above.
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ORDER

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2.

This Court has jurisdiction over the parties herein and has jurisdiction

over the subject matter hereof pursuant to 15 U.S.C. § 1121.
3.

The execution of this stipulation shall serve to bind and obligate the

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parties hereto. However, dismissal with prejudice of this action shall not have

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preclusive effect on those who are not a party to this action or who are not specifically

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released in the parties’ written settlement agreement, all claims against whom Plaintiff

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expressly reserves.

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4.

Plaintiff and Defendants shall bear their own costs and attorneys’ fees

associated with this action.
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The jurisdiction of this Court is retained for the purpose of making any

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further orders necessary or proper for the construction or modification of this

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Stipulation/Order as well as the parties’ confidential settlement agreement in

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connection with this action.

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6.

Except as otherwise provided herein, this action is fully resolved and

dismissed with prejudice.

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IT IS SO ORDERED.

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DATED: June 16, 2016

__________________________
Hon. Consuelo B. Marshall
United States District Judge

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ORDER