Deckers Outdoor Corporation v. Street Moda LLC, et al

Filing 16

ORDER GRANTING STIPULATION TO ENTRY OF PERMANENT INJUNCTION AND DISMISSAL OF ACTION WITH PREJUDICE by Judge Stephen V. Wilson against Defendant Street Moda LLC. Plaintiff and Defendant shall bear their own costs and attorneys' fees associated with this action. (lom)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DECKERS OUTDOOR CORPORATION, ) CASE NO.: 2:18-cv-01228-SVW-SS
a Delaware Corporation,
)
) ORDER GRANTING
Plaintiff,
) STIPULATION TO ENTRY OF
vs.
) PERMANENT INJUNCTION AND
) DISMISSAL OF ACTION WITH
STREET MODA, LLC, an Iowa Limited ) PREJUDICE
Liability Company; and DOES 1-10,
)
inclusive,
)
)
)
Hon. Stephen V. Wilson
)
Defendants.
)
)
)
Plaintiff Deckers Outdoor Corporation (“Deckers” or “Plaintiff”) having filed
a Complaint in this action charging Defendant Street Moda, LLC (“Defendant” or
“Street Moda”) with Federal Trademark Infringement, Federal Trade Dress
Infringement, Patent Infringement, and related claims under California state and
common law arising from Defendant’s manufacture, distribution, advertising,
marketing, offering for sale, and sale of certain footwear identified by Style Names
“Moda Essentials Short Button Women’s Faux Sheepskin Winter Boots” and “Moda
Essentials Tall Button Women’s Faux Sheepskin Winter Boots” (depicted below and

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[PROPOSED] ORDER

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hereinafter referred to as “Accused Products”) that Deckers has alleged infringe upon

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or otherwise violate Deckers’ rights in the UGG® Sun Mark, Bailey Button Boot

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Trade Dress, D599,999 Patent (“ ‘999 Patent”), and D594,638 Patent (“ ‘638 Patent”):

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Defendant’s Accused Products

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WHEREAS, the parties herein have simultaneously entered into a confidential
Settlement Agreement and Mutual Release;
WHEREAS the parties have stipulated to the following terms of a permanent
injunction:
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Defendant and its agents, servants, successors and assigns are hereby

immediately and permanently restrained and enjoined from:
(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 Accused

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Products and/or any other products which infringe upon the UGG® Sun Mark, Bailey

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Button Boot Trade Dress, ‘999 Patent, and/or ‘638 Patent;

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(b)

Challenging the validity, enforceability, or Deckers’ ownership of
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[PROPOSED] ORDER