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Intellectual Property
Patent Infringement
Trade Dress Infringement

Deckers Outdoor Corporation v. RCK Footwear Inc., Shoe Dynasty Inc., Beston International Inc., Andrew Lu, and Does 1 to 10, inclusive

Published: Dec. 10, 2016 | Result Date: Nov. 14, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-08787-AG-FFM Bench Decision –  Permanent Injunction

Court

USDC Central


Attorneys

Plaintiff

Brent H. Blakely
(Blakely Law Group)

Cindy Chan
(Blakely Law Group)


Defendant

G. Warren Bleeker
(Lewis Roca Rothgerber Christie LLP)


Facts

Deckers Outdoor Corporation filed an infringement lawsuit against RCK Footwear Inc., Shoe Dynasty Inc., Andres & Son Tradings Inc. d/b/a Beston Shoes (erroneously sued as Beston International Inc.), and Andrew Lu.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff designs and markets footwear under its famous trademarks, including the UGG trademark. Plaintiff also owned the brands Koolaburra, Teva, Sanuk, Ahnu, and Hoka One One. Defendants allegedly marketed, distributed, or sold footwear that infringed on plaintiff's "Bailey Button" and "Josette" boots. The offending boots were identified as "Rossi-1" and "Polo-17."

Plaintiff sued, alleging claims for trade dress infringement, patent infringement of U.S. Patent No. D599,999, patent infringement of U.S. Patent No. D705,529, trade dress infringement under California common law, unfair competition under California Business Practices Act, California Business & Professions Code Section 17200 et seq., and unfair competition under California common law.

DEFENDANTS' CONTENTIONS:
Shoe Dynasty denied the allegations and asserted various affirmative defenses.

Result

The parties stipulated to a permanent injunction, enjoining defendants from further infringement.


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