Deckers Outdoor Corporation v. Lorlie Investment Group Corp et al, No. 2:2020cv07566 - Document 49 (C.D. Cal. 2021)
Court Description: ORDER GRANTING STIPULATION TO ENTRY OF PERMANENT INJUNCTION AND DISMISSAL OF ACTION WITH PREJUDICE AGAINST DEFENDANT YOKI FASHION INTERNATIONAL LLC AND ITS AGENTS ETC. RE PATENTS AS IDENTIFIED HEREIN (SEE DOCUMENT FOR SPECIFICS) filed by Judge Fernando L. Aenlle-Rocha (lc) Modified on 11/22/2021 (lc).
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Deckers Outdoor Corporation v. Lorlie Investment Group Corp et al Doc. 49 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 ) ) ) ) ) Plaintiff, ) ) ) v. ) ) LORLIE INVESTMENT GROUP ) ) CORP., a Florida Corporation; YOKI FASHION INTERNATIONAL LLC, a )) New York Limited Liability Company; ) and DOES 1-10, inclusive, ) ) ) Defendants. ) Case No. 2:20-cv-07566-FLA (JEMx) DECKERS OUTDOOR CORPORATION, a Delaware Corporation, ORDER GRANTING STIPULATION TO ENTRY OF PERMANENT INJUNCTION AND DISMISSAL OF ACTION AGAINST DEFENDANT YOKI WITH PREJUDICE [DKT. 48] Upon consideration and having found good cause therein, the court hereby 22 GRANTS Plaintiff Deckers Outdoor Corporation (“Plaintiff” or “Deckers”) and 23 Defendant Yoki Fashion International, LLC’s (“Defendant” or “Yoki”) Stipulation to 24 Entry of a Permanent Injunction against Defendant Yoki and Dismissal of This Action 25 with Prejudice against Defendant Yoki (the “Stipulation”) as follows: 26 WHEREAS, on August 20, 2020, Deckers filed its initial Complaint in this 27 action (Dkt. 1), then, on August 25, 2020, filed its First Amended Complaint (the 28 “FAC”) against Yoki in the action (Dkt. 10); 1 Dockets.Justia.com WHEREAS, as set forth in the FAC, Deckers is the owner of U.S. Design 1 2 Patent No. D866,941 (“the ’941 Patent”) and the “Fluff Yeah Trade Dress,” which 3 Deckers contends is an inherently distinctive visual design comprising of the non- 4 functional elements identified at ¶ 22 of the FAC, examples of the overall appearance 5 of which are pictured at ¶ 23 of the FAC and reproduced below for reference: 6 7 8 9 10 WHEREAS, Deckers is the owner of U.S. Design Patent No. D901,870 (“the 11 12 ’870 Patent”) and the “Oh Yeah Trade Dress,” which Deckers contends is an 13 inherently distinctive visual design comprising non-functional elements, examples of 14 the overall appearance of which are reproduced below for reference: 15 16 17 18 19 20 21 WHEREAS, Deckers is the owner of U.S. Design Patent No. D901,869 (“the 22 23 ’869 Patent”) and the “Fuzz Yeah Trade Dress,” which Deckers contends is an 24 inherently distinctive visual design comprising non-functional elements, examples of 25 the overall appearance of which are reproduced below for reference: 26 /// 27 /// 28 /// 2 1 2 3 4 5 6 WHEREAS, both the ‘869 Patent and the ‘870 Patent issued on November 17, 7 8 2020; WHEREAS, Deckers’ FAC asserts causes of action against Yoki for 9 10 infringement of Deckers’ Fluff Yeah Trade Dress and unfair competition under the 11 Lanham Act, 15 U.S.C. § 1051 et seq., patent infringement of the ’941 Patent, as well 12 as related claims under the statutory and common law of California, all allegedly 13 arising from Yoki’s offering for sale and sale of certain footwear products identified 14 as YOKI brand “Snuggles-05” Sandals, an example of which is pictured in ¶ 18 and 15 reproduced below for reference: 16 17 18 19 20 21 22 WHEREAS, on May 17, 2021, Deckers accused Yoki of infringing Deckers’ 23 24 Fluff Yeah Trade Dress and the ’941 Patent based on Yoki’s offering for sale and sale 25 of certain footwear products identified as YOKI brand “Snuggles-07” Sandals 26 reproduced below for reference: 27 /// 28 /// 3 1 2 3 4 5 6 7 8 WHEREAS, on May 17, 2021, Deckers accused Yoki of infringing Deckers’ 9 Oh Yeah Trade Dress and the ’870 Patent based on Yoki’s offering for sale and sale of 10 certain footwear products identified as YOKI brand “Snuggles-02” reproduced below 11 for reference: 12 13 14 15 16 17 18 WHEREAS, on May 17, 2021, Deckers accused Yoki of infringing Deckers’ 19 Fuzz Yeah Trade Dress and the ’869 Patent based on Yoki’s offering for sale and sale 20 of certain footwear products identified as YOKI brand “Snuggles-17” reproduced 21 below for reference: 22 23 24 25 26 27 28 4 1 WHEREAS, Plaintiff and Defendant (together, the “Parties”) have entered into 2 a written Settlement Agreement that fully resolves all claims in this action asserted 3 against Defendant; 4 WHEREAS, pursuant to the Settlement Agreement, Defendant has agreed to, 5 and the Parties have stipulated to, Entry of a Permanent Injunction and Dismissal of 6 this action under the following conditions; 7 THEREFORE, it is HEREBY ORDERED that: 8 1. 9 10 The court has personal jurisdiction over Defendant and subject matter jurisdiction over this action at least pursuant to 15 U.S.C. § 1121. 2. Entry of this Permanent Injunction and any related Order(s) that follow 11 the Parties’ Stipulation to Entry of a Permanent Injunction, shall serve to bind and 12 obligate each of the Parties hereto. 13 3. Defendant, including its employees, servants, successors and assigns, is 14 permanently enjoined from manufacturing, importing into the U.S., advertising, 15 marketing, offering for sale, or selling the Accused Products identified as YOKI 16 brand “Snuggles-05” Sandals, “Snuggles-07” Sandals, “Snuggles-02” Sandals, and 17 Snuggles-17” Sandals, reproduced above. 18 4. Defendant, including its employees, servants, successors, and assigns, is 19 permanently enjoined from manufacturing, importing into the U.S., advertising, 20 marketing, offering for sale, or selling any product that infringes upon U.S. Design 21 Patent No. D866,941, U.S. Design Patent No. D901,870, and U.S. Design Patent No. 22 D901,869. 23 5. Defendant, including its employees, servants, successors and assigns, is 24 permanently enjoined from manufacturing, importing into the U.S., advertising, 25 marketing, offering for sale, or selling any product that bears or uses Deckers’ Fluff 26 Yeah Trade Dress, Oh Yeah Trade Dress, and Fuzz Yeah Trade Dress. 27 28 6. The court shall retain jurisdiction for the purpose of making any further orders necessary or proper for the enforcement, construction, or modification of the 5 1 Permanent Injunction entered by this Stipulation, as well as the Parties’ written 2 Settlement Agreement. 3 7. Each Party shall bear its own attorneys’ fees and costs associated with the 4 action and Settlement Agreement, with no Party deemed as a prevailing party for any 5 purposes. 6 7 8. Upon entry of the Stipulated Permanent Injunction, all claims alleged against Defendant Yoki in this action are hereby DISMISSED with prejudice. 8 9 IT IS SO ORDERED. 10 11 12 Dated: November 22, 2021 _____________________________ FERNANDO L. AENLLE-ROCHA United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6
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