CONSENT JUDGMENT AND PERMANENT INJUNCTION

SUSAN ILLSTON, District Judge.

The parties hereto having agreed to a settlement of the claims between them, and having stipulated to entry of this consent judgment, it is hereby ORDERED, ADJUDGED AND DECREED:

1. This Court has jurisdiction over defendants UNIVERSALITY & CHANGE LIMITED PARTNERSHIP d/b/a 24 FOOTWEAR, a company of Japan ("24 FOOTWEAR") and ESH INTERNATIONAL, INC., a California corporation ("ESH INTERNATIONAL"), and over the subject matter at issue in this action. 24 FOOTWEAR and ESH INTERNATIONAL consent to jurisdiction of this Court for the purpose of executing and enforcing this Consent Judgment and Permanent Injunction, and the Court retains jurisdiction for this purpose.

2. Plaintiff AIRWAIR INTERNATIONAL LTD. ("AIRWAIR") is the owner of the Dr. Martens® trade dress for footwear and is the owner of several U.S. registrations for its trade dress in the United States Patent and Trademark Office, including "the combination of yellow stitching in the welt area and a two-tone grooved sole edge" (Reg. No. 2,437,751, attached as Exhibit 1), the yellow "welt stitch located around the perimeter of footwear" (Reg. No. 2,437,750, attached as Exhibit 2), its DMS undersole design mark (Reg. No. 2,102,468, attached as Exhibit 3, the "DMS Design Mark"), "the design of an sole edge including longitudinal ribbing, and a dark color band over a light color" (hereafter "two tone grooved sole edge") (Reg. No. 2,104,349, attached as Exhibit 4), and "longitudinal ribbing and a dark color band over a light color on the outer sole edge, welt stitching, and a tab at the top back heel of footwear" (Reg. No. 2,341,976, attached as Exhibit 5) (individually and collectively "AIRWAIR Trade Dress Marks"). AIRWAIR has the exclusive right to use each and all of the AIRWAIR Trade Dress Marks in commerce, on or in connection with footwear.

3. 24 FOOTWEAR and ESH INTERNATIONAL acknowledge the validity of the trademark registrations attached as Exhibits 1-5 and agree not to contest the validity of such trademarks or AIRWAIR's ownership rights therein, including in any future proceedings between the Parties.

4. 24 FOOTWEAR and ESH INTERNATIONAL have distributed, offered for sale and sold shoes and boots that contain contrast stitching in the welt area, a two tone grooved sole edge, and an undersole bearing the DMS Design Mark, as shown in Exhibit 6 (referred to collectively as "Infringing Footwear").

5. 24 FOOTWEAR and ESH INTERNATIONAL represent and warrant that they sold 700 pairs of the Infringing Footwear, with sales revenue totaling $32,609.18. 24 FOOTWEAR and ESH INTERNATIONAL further represent that they had 281 pairs of Infringing Footwear remaining in their possession and/or control, and that all such footwear has been destroyed.

6. 24 FOOTWEAR and ESH INTERNATIONAL represent and warrant that as of the date of this Agreement, they have discontinued and are not currently manufacturing, licensing, distributing, purchasing or selling the Infringing Footwear. 24 FOOTWEAR and ESH INTERNATIONAL further represent and warrant that they will not in the future manufacture, distribute, sell or offer for sale any other footwear styles that contain the identified trade dress described in the trademark registrations attached as Exhibits 1-5, worldwide.

7. 24 FOOTWEAR and ESH INTERNATIONAL represent and warrant that all point-of-sale materials, labels, signs, boxes, prints, catalogs, line sheets, marketing materials, internet web pages, metatags, packages, papers, other trade dress, and advertisements in the possession of 24 FOOTWEAR and ESH INTERNATIONAL bearing images, illustrations, or representations of the enjoined shoes and boots, trade dress and undersole patterns have been destroyed.

8. 24 FOOTWEAR and ESH INTERNATIONAL, and each of their agents, servants, employees, subsidiaries, affiliates, successors and/or other related companies, and persons in active concert or participation with 24 FOOTWEAR and ESH INTERNATIONAL who receive actual notice of this order by personal service or otherwise, are permanently enjoined from manufacturing, importing, exporting, distributing, licensing, selling, marketing, advertising, promoting or offering for sale any footwear or any component part thereof that utilizes the AIRWAIR Trade Dress Marks, including but not limited to yellow stitching in the welt area, a two tone grooved sole edge, or an undersole bearing the DMS Design Mark.

IT IS SO ORDERED.

EXHIBIT 1

EXHIBIT 2

EXHIBIT 3

EXHIBIT 4

EXHIBIT 5

EXHIBIT 6