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Case 3:19-cv-07641-SI Document 203 Filed 11/18/21 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`AIRWAIR INTERNATIONAL LTD.,
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`Plaintiff,
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`v.
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`ITX USA LLC,
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`Case No. 19-cv-07641-SI
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`JUDGMENT & PERMANENT
`INJUNCTION
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`Re: Dkt. No. 201
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`Defendant.
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`On August 9, 2021, a jury entered a verdict finding defendant infringed plaintiff’s trade
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`dress. Dkt. No. 183. On November 15, 2021, the Court granted plaintiff’s motion for a permanent
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`injunction. Dkt. No. 201. Pursuant to Federal Rule of Civil Procedure 58, the Court hereby
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`ENTERS judgment in favor of plaintiff and against defendant, and enters the permanent injunction
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`as detailed below. The Clerk of Court shall close the file in this matter.
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`1. The permanent injunction provisions of this Judgment and Order apply to defendant ITX,
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`as well as all of its respective officers, servants, employees, attorneys, successors, assigns, and all
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`persons (including directors, representatives, partners, joint venturers, affiliates, and related entities)
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`in active concert or privity or in participation with ITX and who have or receive actual notice of this
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`Judgment and Order (collectively, “Enjoined Parties”).
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`2. The Enjoined Parties are hereby permanently enjoined and restrained from directly or
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`indirectly doing any of the following:
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`a. designing, manufacturing, importing, exporting, distributing, licensing, selling,
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`marketing, advertising, promoting or offering for sale in the United States the ITX Accused
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`Footwear or any footwear that uses any of the following trade dress (“Dr. Martens Trade
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`Northern District of California
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`United States District Court
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`Case 3:19-cv-07641-SI Document 203 Filed 11/18/21 Page 2 of 2
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`Dress”):
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`i. Registration No. 2,437,751 (a combination of yellow stitching in the welt
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`area, and a two-tone grooved sole edge);
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`ii. Registration No. 5,067,689 (a sole edge including longitudinal ribbing, and
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`a dark color band over a light color);
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`iii. Registration No. 5,067,692 (longitudinal ribbing and a dark color band
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`over a light color on the outer sole edge, welt stitching, and a tab located at the top
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`back heel of footwear); and
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`iv. The overall visual impression of welt stitching, a grooved sole edge, an
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`angled heel, a platform sole, the “Quad” cleat pattern, and a heel loop (the “Jadon
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`Design”); and/or
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`b. designing, manufacturing, importing, shipping, delivering, selling, marketing,
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`displaying, advertising, or promoting footwear in the United States that is a colorable
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`imitation of or confusingly similar to the Dr. Martens Trade Dress; and/or
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`c. representing or implying, to retailers, customers, distributors, licensees, or any
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`other customers or potential customers of the products of ITX or any corporate affiliate of
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`ITX (collectively, “ITX Products”) that ITX Products originate with, are sponsored,
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`endorsed, or licensed by, or are otherwise associated or affiliated with AirWair or Dr.
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`Martens.
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`IT IS SO ORDERED AND ADJUDGED.
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`Dated: November 18, 2021
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`______________________________________
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`SUSAN ILLSTON
`United States District Judge
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`Northern District of California
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`United States District Court
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