AirWair International Ltd. v. Pull & Bear Espana SA

Filing 203

JUDGMENT AND PERMANENT INJUNCTION (Illston, Susan) (Filed on 11/18/2021)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AIRWAIR INTERNATIONAL LTD., 8 Plaintiff, 9 10 United States District Court Northern District of California 11 Case No. 19-cv-07641-SI JUDGMENT & PERMANENT INJUNCTION v. ITX USA LLC, Re: Dkt. No. 201 Defendant. 12 13 On August 9, 2021, a jury entered a verdict finding defendant infringed plaintiff’s trade 14 dress. Dkt. No. 183. On November 15, 2021, the Court granted plaintiff’s motion for a permanent 15 injunction. Dkt. No. 201. Pursuant to Federal Rule of Civil Procedure 58, the Court hereby 16 ENTERS judgment in favor of plaintiff and against defendant, and enters the permanent injunction 17 as detailed below. The Clerk of Court shall close the file in this matter. 18 19 1. The permanent injunction provisions of this Judgment and Order apply to defendant ITX, 20 as well as all of its respective officers, servants, employees, attorneys, successors, assigns, and all 21 persons (including directors, representatives, partners, joint venturers, affiliates, and related entities) 22 in active concert or privity or in participation with ITX and who have or receive actual notice of this 23 Judgment and Order (collectively, “Enjoined Parties”). 24 25 2. The Enjoined Parties are hereby permanently enjoined and restrained from directly or indirectly doing any of the following: 26 a. designing, manufacturing, importing, exporting, distributing, licensing, selling, 27 marketing, advertising, promoting or offering for sale in the United States the ITX Accused 28 Footwear or any footwear that uses any of the following trade dress (“Dr. Martens Trade 1 Dress”): i. Registration No. 2,437,751 (a combination of yellow stitching in the welt 2 3 area, and a two-tone grooved sole edge); ii. Registration No. 5,067,689 (a sole edge including longitudinal ribbing, and 4 5 a dark color band over a light color); 6 iii. Registration No. 5,067,692 (longitudinal ribbing and a dark color band 7 over a light color on the outer sole edge, welt stitching, and a tab located at the top 8 back heel of footwear); and iv. The overall visual impression of welt stitching, a grooved sole edge, an 10 angled heel, a platform sole, the “Quad” cleat pattern, and a heel loop (the “Jadon 11 United States District Court Northern District of California 9 Design”); and/or 12 b. designing, manufacturing, importing, shipping, delivering, selling, marketing, 13 displaying, advertising, or promoting footwear in the United States that is a colorable 14 imitation of or confusingly similar to the Dr. Martens Trade Dress; and/or 15 c. representing or implying, to retailers, customers, distributors, licensees, or any 16 other customers or potential customers of the products of ITX or any corporate affiliate of 17 ITX (collectively, “ITX Products”) that ITX Products originate with, are sponsored, 18 endorsed, or licensed by, or are otherwise associated or affiliated with AirWair or Dr. 19 Martens. 20 21 22 23 24 IT IS SO ORDERED AND ADJUDGED. Dated: November 18, 2021 ______________________________________ SUSAN ILLSTON United States District Judge 25 26 27 28 2

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