Deckers Outdoor Corporation v. DB Shoe Company, LLC et al

Filing 16

ORDER RE PERMANENT INJUNCTION AND DISMISSAL OF ACTION WITH PREJUDICE filed by Judge Consuelo B. Marshall against Defendants DB Shoe Company, LLC. Defendant and its agents, servants, successors and assigns are hereby immediately and permanently rest rained and enjoined from: 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; Challenging the validity, enforceability, or Deckers ownership of U.S Patent No. D500,400; This Court has jurisdiction over the parties herein and has jurisdiction over the subject matter. Plaintiff and Defendant shall bear their own costs and attorneys fees associated with this action. (MD JS-6. Case Terminated) (shb)

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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. 2:17-cv-02904-CBM-SKx
)
a Delaware Corporation,
)
) ORDER RE PERMANENT
Plaintiff,
) INJUNCTION AND VOLUNTARY
) DISMISSAL OF ACTION WITH
v.
) PREJUDICE
[JS-6]
DB SHOE COMPANY, LLC, a California )
Limited Liability Company; and DOES 1- )
)
10, inclusive,
)
)
)
Defendant.
)
)

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WHERAS Plaintiff Deckers Outdoor Corporation (“Deckers” or “Plaintiff”)

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having filed a Complaint in this action charging Defendant DB Shoe Company, LLC

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(“Defendant” or “DB Shoe”) with Patent Infringement of U.S Patent No. D500,400

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arising from DB Shoe’s distribution, advertising, marketing, offering for sale, and sale

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of footwear, identified by Style No. “FUZZ-01” (exemplar shown below and

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hereinafter “Accused Products”)

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ORDER

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Design Patent D500,400

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Infringing Outsole Design
on Accused Products

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WHEREAS, the parties herein have simultaneously entered into a confidential
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.

immediately and permanently restrained and enjoined from:

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(a)

shipping, marketing and/or incorporating in advertising or marketing the Accused
Products;
(b)

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Challenging the validity, enforceability, or Deckers’ ownership of

U.S Patent No. D500,400;

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Manufacturing, purchasing, producing, distributing, circulating,

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

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

(c)

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

person or entity in performing any of the prohibited activities referred to in Paragraphs
1(a) through 1(b) above.
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

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

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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 Defendant shall bear their own costs and attorneys’ fees

associated with this action.
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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6.

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

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dismissed with prejudice.

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IT IS SO ORDERED.

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DATED: July 5, 2017

__________________________
Hon. Consuelo B. Marshall
United States District Judge

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ORDER