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Intellectual Property
Trademark Infringement
Lanham Act

Deckers Outdoor Corporation v. Romeo & Juliette Inc., Thomas Romeo, and Does 1 - 10, inclusive

Published: Dec. 14, 2018 | Result Date: Apr. 6, 2018 | Filing Date: Apr. 16, 2015 |

Case number: 2:15-cv-02812-TJH-PLA Verdict –  $5,200,000

Judge

Terry J. Hatter Jr.

Court

CD CA


Attorneys

Plaintiff

Brent H. Blakely
(Blakely Law Group)

Jessica C. Covington
(Blakely Law Group)

Timothy D. Byron
(Byron Raphael LLP)

Jordan P. Raphael
(Byron Raphael LLP)


Defendant

David Lowe
(Lowe Graham Jones PLLC)


Facts

Deckers Outdoor Corp. brought suit against Romeo & Juliette Inc., and Thomas Romeo in relation to a patent dispute over the design and sale of boots with three large buttons on the side, as well as, a one-button version of the boots.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants infringed upon three of plaintiff's patents, breached its contract with plaintiff, violated California's Unfair Business Practices Act and California's Unfair Competition Law. Plaintiff also alleged that defendant infringed upon its patent for boots that feature three large buttons on the side, as well as, infringing upon plaintiff's patent of boots that feature one large button on the side.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations.

Result

The jury awarded plaintiff $3.1 million out of defendants' profits attributed to the sale of boots that feature three large buttons on the side, and $2.1 million for the profits attributable to the one-button version of the boots, finding that defendants willfully infringed plaintiff's boot design patents.


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