Deckers Outdoor Corporation v. BGSD, Inc et al

Filing 20

ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION by Judge Andre Birotte Jr.: Plaintiff Deckers Outdoor Corporation and Defendants BGSD, Inc. dba Luxury Lane and Momo Baby, Inc. agreed to the terms of a permanent injunction. Plaintiff and Defendants shall bear their own costs and attorneys' fees associated with this action. Except as otherwise provided herein, this action is fully resolved and dismissed with prejudice. See document for further details. (gk)

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Brent H. Blakely (SBN 157292)
[e-mail]
Cindy Chan (SBN 247495)
[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. 2:17-cv-02901-AB-SK
)
a Delaware Corporation,
)
) [PROPOSED] ORDER RE
Plaintiff,
) PERMANENT INJUNCTION AND
) VOLUNTARY DISMISSAL OF
v.
) ACTION
)
BGSD, INC. dba Luxury Lane, a
)
Pennsylvania Corporation; MOMO
BABY, INC., a Pennsylvania Corporation; )
)
and DOES 1-10, inclusive,
)
)
)
Defendants.
)

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WHEREAS Plaintiff Deckers Outdoor Corporation (“Deckers” or

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“Plaintiff”) having filed a Complaint in this action charging Defendants BGSD, Inc.

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dba Luxury Lane and Momo Baby, Inc. (“Defendants”) Trade Dress Infringement,

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Patent Infringement, and Unfair Competition arising from Defendants’ manufacture,

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distribution, advertising, marketing, offering for sale, and sale of footwear, identified

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by Style Name “Girls Daisy Shearling Boot” (exemplar shown below and hereinafter

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“Involved Products”) that Deckers has alleged infringe upon or otherwise violate

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Deckers’ rights in the “Bailey Button Boot Trade Dress” and the “Bailey Button

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Design Patent” (U.S. Reg. No. D599,999):

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ORDER

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WHEREAS, the parties hereto desiring to fully settle all of the claims in this
action; and
WHEREAS, the parties herein have simultaneously entered into a confidential
Settlement Agreement and Mutual Release,
WHEREAS the parties have agreed to the below terms of a permanent
injunction:
1.

This Court has jurisdiction over the parties herein and has jurisdiction

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

Deckers is the owner of U.S. Patent No. D599,999 and the “Bailey Button

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Boot” Trade Dress, which consists of a combination of what Deckers alleges to be the

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following non-functional elements:

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

Classic suede boot styling made famous by the UGG®
brand;



Overlapping of front and rear panels on the lateral side
of the boot shaft;



Curved top edges on the overlapping panels;



Exposed fleece-type lining edging the overlapping
panels and top of the boot shaft; and



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.

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ORDER

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3.

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enjoined from:

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Defendants are hereby immediately and permanently restrained and

(a)

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 Involved

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Products , except as otherwise permitted in the parties’ confidential settlement

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agreement;

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(b)

Challenging the validity, enforceability, and/or Deckers’ ownership

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of U.S Patent No. D599,999 and the “Bailey Button Boot” Trade Dress as defined

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above;

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(c)

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) through 1(b) above.

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4.

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

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parties hereto. Plaintiff and Defendants shall bear their own costs and attorneys’ fees

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associated with this action.

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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

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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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ORDER

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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: July 27, 2017

__________________________
Hon. André Birotte Jr.
United States District Judge

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ORDER