Deckers Outdoor Corporation v. Target Corporation et al

Filing 41

ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE by Judge Beverly Reid O'Connell that: This Court has jurisdiction over the parties to this Final Consent Judgment and has jurisdiction over the subject matter hereof pursuant to 15 USC 1121. Defendant and its agents, servants, employees, successors, and assigns are hereby permanently restrained and enjoined. Plaintiff and Defendant shall bear their own costs and attorneys fees associated with this action. (jp)

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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. 2:16-cv-06925-BRO (ASx)
)
a Delaware Corporation,
)
) ORDER RE PERMANENT
Plaintiff,
) INJUNCTION AND VOLUNTARY
) DISMISSAL OF ACTION WITH
v.
) PREJUDICE
TARGET CORPORATION, a Minnesota )
Corporation; NINA FOOTWEAR CORP. )
)
dba NINA SHOES, a Delaware
Corporation; and DOES 1-10, inclusive, )
)
)
)
Defendants.
)
WHERAS Plaintiff Deckers Outdoor Corporation (“Deckers” or “Plaintiff”)

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having filed a Complaint in this action charging Defendant Nina Footwear Corp.

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dba Nina Shoes (“Defendant”) with Patent Infringement arising from Defendant’s

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manufacture, distribution, promotion, advertisement, offering for sale, and/or sale of

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footwear, the design of which Deckers has alleged infringes upon its ‘999 Patent

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(defined below). The products which Deckers has alleged infringe upon its ‘999

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Patent are identified by the Style Name “KIYA” (hereinafter “Accused Products”); an

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example of which is shown below:

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1
[PROPOSED] ORDER

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WHEREAS, the parties hereto desiring to fully settle all of claims in this action
between them; and
WHEREAS, the parties herein have simultaneously entered into a Settlement
Agreement and Mutual Release,
WHEREAS Defendant has stipulated to and the parties have agreed to the
below terms of a permanent injunction, IT IS HEREBY ORDERED that:
1.

and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.
2.

(a)

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Manufacturing, producing, distributing, selling, offering for sale,

importing, exporting, advertising, promoting, and/or marketing the Accused Products;

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Defendant and its agents, servants, employees, successors, and assigns are

hereby permanently restrained and enjoined from:

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This Court has jurisdiction over the parties to this Final Consent Judgment

(b)

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

person or entity in performing any of the prohibited activities referred to in Paragraph
2(a) above.
3.

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

associated with this action.
4.

The execution of this Consent Judgment shall serve to bind and obligate

the parties hereto. However, dismissal with prejudice of Deckers’ claims against
Defendant shall not have preclusive effect on those who are not specifically released
herein, all claims against whom Plaintiff expressly reserves.

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[PROPOSED] ORDER

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5.

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 Consent

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Judgment, the enforcement thereof and the punishment of any violations thereof.

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Except as otherwise provided herein, Deckers’ claims against Defendant Nina

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Footwear Corp. are fully resolved with prejudice.

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IT IS SO ORDERED.
DATED: June 29, 2017

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By:
Honorable Beverly R. O’Connell
United States District Court Judge

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[PROPOSED] ORDER