Filed: Jul. 27, 2017
Latest Update: Jul. 27, 2017
Summary: ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION ANDR BIROTTE, Jr. , District Judge . WHEREAS Plaintiff Deckers Outdoor Corporation ("Deckers" or "Plaintiff") having filed a Complaint in this action charging Defendants BGSD, Inc. dba Luxury Lane and Momo Baby, Inc. ("Defendants") Trade Dress Infringement, Patent Infringement, and Unfair Competition arising from Defendants' manufacture, distribution, advertising, marketing, offering for sale, and sale of footwear, identi
Summary: ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION ANDR BIROTTE, Jr. , District Judge . WHEREAS Plaintiff Deckers Outdoor Corporation ("Deckers" or "Plaintiff") having filed a Complaint in this action charging Defendants BGSD, Inc. dba Luxury Lane and Momo Baby, Inc. ("Defendants") Trade Dress Infringement, Patent Infringement, and Unfair Competition arising from Defendants' manufacture, distribution, advertising, marketing, offering for sale, and sale of footwear, identif..
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ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION
ANDRÉ BIROTTE, Jr., District Judge.
WHEREAS Plaintiff Deckers Outdoor Corporation ("Deckers" or "Plaintiff") having filed a Complaint in this action charging Defendants BGSD, Inc. dba Luxury Lane and Momo Baby, Inc. ("Defendants") Trade Dress Infringement, Patent Infringement, and Unfair Competition arising from Defendants' manufacture, distribution, advertising, marketing, offering for sale, and sale of footwear, identified by Style Name "Girls Daisy Shearling Boot" (exemplar shown below and hereinafter "Involved Products") that Deckers has alleged infringe upon or otherwise violate Deckers' rights in the "Bailey Button Boot Trade Dress" and the "Bailey Button Design Patent" (U.S. Reg. No. D599,999):
WHEREAS, the parties hereto desiring to fully settle all of the claims in this action; and
WHEREAS, the parties herein have simultaneously entered into a confidential Settlement Agreement and Mutual Release,
WHEREAS the parties have agreed to the below terms of a permanent injunction:
1. This Court has jurisdiction over the parties herein and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.
2. Deckers is the owner of U.S. Patent No. D599,999 and the "Bailey Button Boot" Trade Dress, which consists of a combination of what Deckers alleges to be the following non-functional elements:
• Classic suede boot styling made famous by the UGG® brand;
• Overlapping of front and rear panels on the lateral side of the boot shaft;
• Curved top edges on the overlapping panels;
• Exposed fleece-type lining edging the overlapping panels and top of the boot shaft; and
• One or more buttons (depending on the height of the boot) prominently featured on the lateral side of the boot shaft adjacent the overlapping panels.
3. Defendants are hereby immediately and permanently restrained and enjoined from:
(a) Manufacturing, purchasing, producing, distributing, circulating, selling, offering for sale, importing, exporting, advertising, promoting, displaying, shipping, marketing and/or incorporating in advertising or marketing the Involved Products, except as otherwise permitted in the parties' confidential settlement agreement;
(b) Challenging the validity, enforceability, and/or Deckers' ownership of U.S Patent No. D599,999 and the "Bailey Button Boot" Trade Dress as defined above;
(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.
4. The execution of this stipulation shall serve to bind and obligate the parties hereto. Plaintiff and Defendants 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 further orders necessary or proper for the construction or modification of this Stipulation/Order as well as the parties' confidential settlement agreement in connection with this action.
6. Except as otherwise provided herein, this action is fully resolved and dismissed with prejudice.
IT IS SO ORDERED.
