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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AIRWAIR INTERNATIONAL LTD.,

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Plaintiff,

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United States District Court
Northern District of California

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Case No. 19-cv-07641-SI
JUDGMENT & PERMANENT
INJUNCTION

v.
ITX USA LLC,

Re: Dkt. No. 201

Defendant.

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On August 9, 2021, a jury entered a verdict finding defendant infringed plaintiff’s trade

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dress. Dkt. No. 183. On November 15, 2021, the Court granted plaintiff’s motion for a permanent

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injunction. Dkt. No. 201. Pursuant to Federal Rule of Civil Procedure 58, the Court hereby

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ENTERS judgment in favor of plaintiff and against defendant, and enters the permanent injunction

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as detailed below. The Clerk of Court shall close the file in this matter.

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1. The permanent injunction provisions of this Judgment and Order apply to defendant ITX,

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as well as all of its respective officers, servants, employees, attorneys, successors, assigns, and all

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persons (including directors, representatives, partners, joint venturers, affiliates, and related entities)

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in active concert or privity or in participation with ITX and who have or receive actual notice of this

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Judgment and Order (collectively, “Enjoined Parties”).

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2. The Enjoined Parties are hereby permanently enjoined and restrained from directly or
indirectly doing any of the following:

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a. designing, manufacturing, importing, exporting, distributing, licensing, selling,

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marketing, advertising, promoting or offering for sale in the United States the ITX Accused

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Footwear or any footwear that uses any of the following trade dress (“Dr. Martens Trade

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Dress”):
i. Registration No. 2,437,751 (a combination of yellow stitching in the welt

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area, and a two-tone grooved sole edge);
ii. Registration No. 5,067,689 (a sole edge including longitudinal ribbing, and

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a dark color band over a light color);

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iii. Registration No. 5,067,692 (longitudinal ribbing and a dark color band

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over a light color on the outer sole edge, welt stitching, and a tab located at the top

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back heel of footwear); and
iv. The overall visual impression of welt stitching, a grooved sole edge, an

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angled heel, a platform sole, the “Quad” cleat pattern, and a heel loop (the “Jadon

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United States District Court
Northern District of California

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Design”); and/or

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b. designing, manufacturing, importing, shipping, delivering, selling, marketing,

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displaying, advertising, or promoting footwear in the United States that is a colorable

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imitation of or confusingly similar to the Dr. Martens Trade Dress; and/or

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c. representing or implying, to retailers, customers, distributors, licensees, or any

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other customers or potential customers of the products of ITX or any corporate affiliate of

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ITX (collectively, “ITX Products”) that ITX Products originate with, are sponsored,

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endorsed, or licensed by, or are otherwise associated or affiliated with AirWair or Dr.

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Martens.

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IT IS SO ORDERED AND ADJUDGED.
Dated: November 18, 2021
______________________________________
SUSAN ILLSTON
United States District Judge

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