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 Next PLC and Next Retail Ltd. (collectively, "NEXT") for the purpose of this Consent Judgment only and over the subject matter at issue in this action. NEXT consents to jurisdiction of this Court, and this Court retains jurisdiction for the purpose of executing and enforcing this Consent Judgment and Permanent Injunction.

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 [sic] sole edge including longitudinal ribbing, and a dark color band over a light color" (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) (the above registrations collectively, "AirWair Trade Dress Marks"). AirWair has the exclusive right to use the AirWair Trade Dress Marks in commerce, on or in connection with footwear, and enforces its rights throughout the world.

3. NEXT acknowledges the validity of the trade dress registrations attached as Exhibits 1-5.

4. NEXT has imported, distributed, offered for sale, and sold footwear under the style names "Lace Up Boot (Older Girls)," "Lace Up Boot (Younger Girls)," and "Black Super Heavy Lace-Ups" that features the AirWair Trade Dress Marks ("NEXT Accused Footwear"). Representative samples of the NEXT Accused Footwear are shown in Exhibit 6.

5. NEXT represents and warrants that it sold approximately 115 pairs of the NEXT Infringing Footwear in the United States, with sales revenue totaling approximately £2152. NEXT further represents that it has no pairs of the NEXT Infringing Footwear remaining in inventory.

6. NEXT represents and warrants that as of the date of this Agreement, it has discontinued manufacturing, licensing, distributing, advertising, marketing, purchasing or selling the NEXT Accused Footwear in the United States and worldwide. NEXT further represents and warrants that it is not currently manufacturing, distributing, selling or offering for sale any footwear or any component part thereof that includes any of the features that are the subject of any of the AirWair Trade Dress Marks.

7. NEXT further represents that there is no remaining inventory of any 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 NEXT bearing images, illustrations, or representations of the enjoined shoes and boots, trade dress and undersole patterns, nor does it have any plates, molds, matrixes, and other means of making the same in its possession or control.

8. NEXT, and each of its officers, directors, servants, employees, subsidiaries, and successors 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 the NEXT Accused Footwear or any footwear that includes any of the features that are the subject of any of the AIRWAIR Trade Dress Marks or any component part thereof that includes any of the features that are the subject of any of the Airwair Trade Dress Marks. NEXT also agrees not to authorize, enable or procure any other person to do such acts.

9. It is hereby ordered that this action be closed.

IT IS SO ORDERED.

Attestation: I, Alexandra C. Whitworth, hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.