Case 2:17-cv-07146 Document 1 Filed 09/27/17 Page 1 of 33 Page ID #:1

1 Brent H. Blakely (SBN 157292)

bblakely@blakelylawgroup.com
2 Cindy Chan (SBN 247495)
cchan@blakelylawgroup.com
3 Jessica C. Covington (SBN 301816)
jcovington@blakelylawgroup.com
4 BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
5 Manhattan Beach, California 90266
Telephone: (310) 546-7400
6 Facsimile: (310) 546-7401
7 Attorneys for Plaintiff
Deckers Outdoor Corporation
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11 DECKERS OUTDOOR ) CASE NO.:
CORPORATION, a Delaware )
12 Corporation, ) COMPLAINT FOR DAMAGES AND
) EQUITABLE RELIEF:
13 Plaintiff, )
) 1. TRADE DRESS INFRINGEMENT;
14 v. )
) 2. TRADE DRESS INFRINGEMENT
15 FOREVER LINK INTERNATIONAL, ) UNDER CALIFORNIA COMMON
INC., a California Corporation; STEP ) LAW;
16 UP INTERNATIONAL, INC., a )
California Corporation; SHOE ) 3. UNFAIR COMPETITION
17 WHATEVER LLC, a California Limited ) CALIFORNIA UNFAIR BUSINESS
Liability Company; JJF SHOES, an ) PRACTICES ACT, CAL. BUS. &
18 unknown business entity; and DOES 1- ) PROF. CODE, 17200, ET. SEQ.;
10, inclusive, )
19 ) 4. UNFAIR COMPETITION UNDER
) CALIFORNIA COMMON LAW
20 Defendants. )
) 5. PATENT INFRINGEMENT U.S.
21 ) PATENT NO. D599,999
)
22 ) 6. PATENT INFRINGEMENT U.S.
) PATENT NO. D584,889;
23 )
) JURY TRIAL DEMANDED
24 )
25
26
27
28

1
COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 Plaintiff Deckers Outdoor Corporation for its claims against Defendants

2 Forever Link International, Inc., Step Up International, Inc., Shoe Whatever
3 LLC, and JJF Shoes (collectively Defendants) respectfully alleges as follows:
4 JURISDICTION AND VENUE
5 1. Plaintiff files this action against Defendants for trade dress infringement
6 and unfair competition under the Lanham Trademark Act of 1946, 15 U.S.C. 1051 et
7 seq. (the Lanham Act), patent infringement arising under the patent laws of the
8 United States, and for related claims under the statutory and common law of the state
9 of California. This Court has subject matter jurisdiction over the claims alleged in this
10 action pursuant to 28 U.S.C. 1331, 1338.
11 2. This Court has personal jurisdiction over Defendants because Defendants
12 are incorporated, domiciled, and/or do business within this judicial district.
13 3. This action arises out of wrongful acts by Defendants within this judicial
14 district and Plaintiff is located and has been injured in this judicial district by
15 Defendantsalleged wrongful acts. Venue is proper in this district pursuant to 28
16 U.S.C. 1391 because the claims asserted arise in this district.
17 THE PARTIES
18 4. Plaintiff Deckers Outdoor Corporation (Deckers) is a corporation
19 organized and existing under the laws of the state of Delaware with an office and
20 principal place of business in Goleta, California. Deckers designs and markets
21 footwear identified by its many famous trademarks including its UGG trademark.
22 5. Upon information and belief, Defendant Forever Link International, Inc.
23 (Forever Link) is a corporation organized and existing under the laws of the state of
24 California with an office and principal place of business located at 455 S Brea Canyon
25 Road, City of Industry, California 91789.
26 6. Upon information and belief, Defendant Step Up International, Inc. (Step
27 Up) is a corporation organized and existing under the laws of the state of California
28 with an office and principal place of business located at 10457 Rush Street, South El

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 Monte, California 91733.

2 7. Upon information and belief, Defendant Shoe Whatever LLC (Shoe
3 Whatever) is a California limited liability company with an office and principal place
4 of business located at 524 E San Ysidro Boulevard, Ste D, San Ysidro, California
5 92173.
6 8. Upon information and belief, Defendant JJF Shoes is an unknown
7 business entity with an office and principal place of business located at 308 E. San
8 Antonio Ave., El Paso, Texas 79901.
9 9. Deckers is unaware of the names and true capacities of Defendants,
10 whether individual, corporate and/or partnership entities named herein as DOES 1
11 through 10, inclusive, and therefore sues them by their fictitious names. Deckers will
12 seek leave to amend this complaint when their true names and capacities are
13 ascertained. Deckers is informed and believes and based thereon alleges that said
14 Defendants and DOES 1 through 10, inclusive, are in some manner responsible for the
15 wrongs alleged herein, and that at all times referenced each was the agent and servant
16 of the other Defendants and was acting within the course and scope of said agency and
17 employment.
18 10. Deckers is informed and believes, and based thereon alleges, that at all
19 relevant times herein, Defendants and DOES 1 through 10, inclusive, knew or
20 reasonably should have known of the acts and behavior alleged herein and the damages
21 caused thereby, and by their inaction ratified and encouraged such acts and behavior.
22 Deckers further alleges that Defendants and DOES 1 through 10, inclusive, have a
23 non-delegable duty to prevent or not further such acts and the behavior described
24 herein, which duty Defendants and DOES 1 through 10, inclusive, failed and/or
25 refused to perform.
26 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
27 A. DeckersUGG Brand
28 11. Deckers has been engaged in the design, distribution, marketing, offering

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 for sale, and sale of footwear since 1975. Deckers owns several brands of footwear
2 including UGG, Koolaburra, Teva, Sanuk, and Hoka One One.
3 12. DeckersUGG brand remains one of the most recognized and relevant
4 comfort shoe brands in the industry. Since 1978, when the UGG brand was founded,
5 the popularity of UGG boots has steadily grown across the nation and even the
6 globe. The UGG brand has always been and remains highly coveted by consumers.
7 This commitment to quality has helped to propel the UGG brand to its current,
8 overwhelming level of popularity and cemented its status as a luxury brand.
9 13. It has now been seventeen years since UGG boots were first featured on
10 Oprahs Favorite Things in the year 2000, and Oprah emphatically declared on
11 national television how much she LOOOOOVES her UGG boots.The popularity of
12 UGG brand footwear has grown exponentially since then with celebrities including
13 Kate Hudson and Sarah Jessica Parker among a myriad of others regularly donning
14 them. UGG sheepskin boots have become a high fashion luxury item and can be
15 found on fashion runways around the world.
16 14. DeckersUGG products are distributed and sold to consumers through
17 authorized retailers throughout the United States at point-of-sale and on the Internet,
18 including through its UGG Concept Stores and its website www.ugg.com.
19 B. DefendantsInfringing Activities
20 15. Upon information and belief, Forever Link manufactures, imports,
21 designs, advertises, markets, distributes, offers for sale, and/or sells footwear for
22 women and children. Forever Link offers footwear wholesale to various retailers,
23 including those within this judicial district. Forever Link also offers footwear through
24 its online store, www.foreverlinkshoes.com.
25 16. Upon information and belief, Step Up manufactures, designs, advertises,
26 markets, distributes, offers for sale, and/or sells footwear for women from its location
27 in South El Monte, California.
28 17. Upon information and belief, Shoe Whatever manufactures, designs,

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 advertises, markets, distributes, offers for sale, and/or sells footwear for women
2 through its storefront on the Amazon.com website, www.amazon.com, which is
3 available to consumers nationwide, including within this judicial district.
4 18. Upon information and belief, JJF Shoes manufactures, designs, advertises,
5 markets, distributes, offers for sale, and/or sells footwear for women through its
6 storefront on the Amazon.com website, www.amazon.com, which is available to
7 consumers nationwide, including within this judicial district. Upon information and
8 belief, JJF Shoes fulfills and ships the Accused Products directly from its location in El
9 Paso, Texas to consumers nationwide, including within this judicial district.
10 19. The present lawsuit arises from Defendantswillful infringement of
11 DeckersUGG boot designs, to which Deckers owns design patent and/or trade dress
12 rights, including rights to the UGG Bailey Buttonand Upsideboots, by certain
13 of Defendantsfootwear products (Accused Products), exemplars of which are
14 shown below.
15
16
17
18
19
20
21
22
23
24
25
26
27
28 DefendantsAccused Products

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 20. Upon information and belief, Forever Link imported, designed,

2 manufactured, distributed, produced, and/or supplied the Accused Products sold by
3 Step Up, Shoe Whatever, and JJF Shoes.
4 21. Deckers is informed and believes and herein alleges that Defendants are
5 competitors and have copied Deckersboot designs in an effort to exploit Deckers
6 reputation in the market.
7 22. Upon information and belief, Defendants may have sold additional
8 products that infringe upon Deckersdesign patents and trade dresses. Deckers may
9 seek leave to amend as additional information becomes available through discovery.
10 23. Deckers has not granted a license or any other form of permission to
11 Defendants with respect to its trademarks, design patents, trade dresses, or other
12 intellectual property.
13 24. Deckers is informed and believes and herein alleges that Defendants have
14 acted in bad faith and that Defendantsacts have misled and confused and were
15 intended to cause confusion, or to cause mistake, or to deceive as to the affiliation,
16 connection, or association of DefendantsAccused Products with Deckers, or as to the
17 origin, sponsorship, or approval of DefendantsAccused Products by Deckers.
18 FIRST CLAIM FOR RELIEF
19 (Trade Dress Infringement - 15 U.S.C. 1125(a))
20 25. Deckers incorporates herein by reference the averments of the preceding
21 paragraphs as though fully set forth herein.
22 26. The UGG Bailey Button boot was introduced in 2009 and the Bailey
23 Button Boot Trade Dressis unique and distinctive, consisting of a combination of the
24 following non-functional elements:
25 i Classic suede boot styling made famous by the UGG brand;
26 i Overlapping of front and rear panels on the lateral side of the boot shaft;
27 i Curved top edges on the overlapping panels;
28 i Exposed fleece-type lining edging the overlapping panels and top of the

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 boot shaft; and

2 i One or more buttons (depending on the height of the boot) prominently
3 featured on the lateral side of the boot shaft adjacent the overlapping panels
4 (hereinafter Bailey Button Boot Trade Dress).
5
6
7
8
9
10
11 27. The Bailey Button Boot Trade Dress, which is a composite of the above-
12 referenced features, is non-functional in its entirety, visually distinctive, and is unique
13 in the footwear industry.
14 28. The design of the Bailey Button Boot Trade Dress is neither essential to
15 its use or purpose nor does it affect the cost or quality of the boot. There are numerous
16 other designs available that are equally feasible and efficient, none of which
17 necessitate copying or imitating the Bailey Button Boot Trade Dress. The aforesaid
18 combination of features provides no cost advantages to the manufacturer or utilitarian
19 advantages to the consumer. These features, in combination, serve only to render
20 DeckersUGG Bailey Button boots distinct and recognizable as goods originating
21 from DeckersUGG brand.
22 29. The Bailey Button Boot Trade Dress is an original design by Deckers and
23 has achieved a high degree of consumer recognition and secondary meaning, which
24 serves to identify Deckers as the source of footwear featuring said trade dress.
25 30. The Bailey Button Boot Trade Dress is one of the most well-recognized
26 and commercially successful styles of DeckersUGG brand of footwear, having been
27 featured on Deckersadvertising and promotional materials as well as in various trade
28 publications. Furthermore, the Bailey Button Boot Trade Dress has been featured in

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 connection with various celebrities, has received a large volume of unsolicited media
2 attention, and has graced the pages of many popular magazines nationwide and
3 internationally.
4 31. Deckers has spent substantial time, effort, and money in designing,
5 developing, advertising, promoting, and marketing the UGG brand and its line of
6 footwear embodying the Bailey Button Boot Trade Dress. Deckers spends millions of
7 dollars annually on advertising of UGG products, which include products bearing the
8 Bailey Button Boot Trade Dress.
9 32. Deckers has sold hundreds of millions of dollars worth of UGG
10 products bearing the Bailey Button Boot Trade Dress.
11 33. Due to its long use, extensive sales, and significant advertising and
12 promotional activities, DeckersBailey Button Boot Trade Dress has achieved
13 widespread acceptance and recognition among the consuming public and trade
14 throughout the United States.
15 34. There are numerous other boot designs in the footwear industry, none of
16 which necessitate copying or imitating the Bailey Button Boot Trade Dress. However,
17 due to the popularity and consumer recognition achieved by the Bailey Button boot,
18 said design has often been the subject of infringement by third-parties, including
19 Defendants.
20 35. Deckers is informed and believes and herein alleges that Defendants are
21 competitors and have copied DeckersBailey Button Boot Trade Dress in an effort to
22 exploit Deckersreputation in the market.
23 36. Certain of the Accused Products produced, distributed, advertised and
24 offered for sale by Defendants bear nearly identical reproductions of the Bailey Button
25 Boot Trade Dress, such as to cause a likelihood of confusion as to the source,
26 sponsorship or approval by Deckers of Defendantsproducts.
27 37. Defendantsuse of DeckersBailey Button Boot Trade Dress is without
28 Deckerspermission or authority and in total disregard of Deckersrights to control its

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 intellectual property.
2 38. Defendantsuse of DeckersBailey Button Boot Trade Dress is likely to
3 lead to and result in confusion, mistake or deception, and is likely to cause the public
4 to believe that Defendantsproducts are produced, sponsored, authorized, or licensed
5 by or are otherwise connected or affiliated with Deckers, all to the detriment of
6 Deckers.
7 39. Deckers has no adequate remedy at law.
8 40. In light of the foregoing, Deckers is entitled to injunctive relief
9 prohibiting Defendants from using DeckersBailey Button Boot Trade Dress, or any
10 designs confusingly similar thereto, and to recover all damages, including attorneys
11 fees, that Deckers has sustained and will sustain, and all gains, profits and advantages
12 obtained by Defendants as a result of their infringing acts alleged above in an amount
13 not yet known, as well as the costs of this action.
14 SECOND CLAIM FOR RELIEF
15 (Trade Dress Infringement under California Common Law)
16 41. Deckers incorporates herein by reference the averments of the preceding
17 paragraphs as though fully set forth herein.
18 42. Defendantsinfringement of the Bailey Button Boot Trade Dress
19 constitutes common law trade dress infringement in violation of the common law of
20 the state of California.
21 43. Defendantsunauthorized use of the Bailey Button Boot Trade Dress has
22 caused and is likely to cause confusion as to the source of Defendantsproducts, all to
23 the detriment of Deckers.
24 44. Defendantsacts are willful, deliberate, and intended to confuse the public
25 and to injure Deckers.
26 45. Deckers has no adequate remedy at law to compensate it fully for the
27 damages that have been caused and which will continue to be caused by Defendants
28 infringing conduct, unless it is enjoined by this Court.

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 46. The conduct herein complained of was extreme, outrageous, and was
2 inflicted on Deckers in reckless disregard of Deckersrights. Said conduct was
3 despicable and harmful to Deckers and as such supports an award of exemplary and
4 punitive damages in an amount sufficient to punish and make an example of
5 Defendants, and to deter them from similar conduct in the future.
6 47. In light of the foregoing, Deckers is entitled to injunctive relief
7 prohibiting Defendants from infringing the Bailey Button Boot Trade Dress, and to
8 recover all damages, including attorneysfees, that Deckers has sustained and will
9 sustain, and all gains, profits and advantages obtained by Defendants as a result of
10 their infringing acts alleged above in an amount not yet known, and the costs of this
11 action.
12 THIRD CLAIM FOR RELIEF
13 (Unfair Competition California Unfair Business Practices Act, Cal. Bus. & Prof.
14 Code, 17200, et. seq.)
15 48. Deckers incorporates herein by reference the averments of the preceding
16 paragraphs as though fully set forth herein.
17 49. Defendantsappropriation, adoption and use of the Bailey Button Boot
18 Trade Dress, or in connection with the sale and offering for sale of footwear is likely to
19 confuse or mislead consumers into believing that Defendantsgoods are authorized,
20 licensed, affiliated, sponsored, and/or approved by Deckers, thus constituting a
21 violation of the California Unfair Business Practices Act, Cal. Bus. & Prof. Code,
22 17200, et. seq.
23 50. The deceptive, unfair and fraudulent practices set forth herein have been
24 undertaken with knowledge by Defendants willfully with the intention of causing harm
25 to Deckers and for the calculated purpose of misappropriating Deckersgoodwill and
26 business reputation.
27 51. Defendantsuse of DeckersBailey Button Boot Trade Dress has
28 deprived Deckers of the right to control the use of its intellectual property.

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 52. As a direct and proximate result of Defendantsunlawful infringement,

2 Deckers has suffered damages and will continue to suffer damages in an amount that is
3 not presently ascertainable but will be proven at trial. Deckers is entitled to all
4 available relief provided for in California Unfair Business Practices Act, Cal. Bus. &
5 Prof. Code, 17200, et. seq. including permanent injunctive relief.
6 53. Defendants committed the acts alleged herein intentionally, fraudulently,
7 maliciously, willfully, wantonly and oppressively, with intent to injure Deckers in its
8 business and with conscious disregard for Deckersrights, thereby justifying awards of
9 punitive and exemplary damages in amounts sufficient to punish and to set an example
10 for others.
11 FOURTH CLAIM FOR RELIEF
12 (Unfair Competition under California Common Law)
13 54. Deckers incorporates herein by reference the averments of the preceding
14 paragraphs as though fully set forth herein.
15 55. Defendantsinfringement of the Bailey Button Boot Trade Dress
16 constitutes unfair competition in violation of the common law of the state of
17 California.
18 56. Defendants are competitors of Deckers and have copied Deckersboot
19 designs in an effort to exploit Deckersreputation in the market.
20 57. Defendantsinfringing acts were intended to capitalize on Deckers
21 goodwill associated therewith for Defendantsown pecuniary gain. Deckers has
22 expended substantial time, resources and effort to obtain an excellent reputation for its
23 brands of footwear. As a result of Deckersefforts, Defendants are now unjustly
24 enriched and are benefiting from property rights that rightfully belong to Deckers.
25 58. Defendantsacts are willful, deliberate, and intended to confuse the public
26 and to injure Deckers.
27 59. Deckers has no adequate remedy at law to compensate it fully for the
28 damages that have been caused and which will continue to be caused by Defendants

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1 infringing conduct, unless they are enjoined by this Court.

2 60. The conduct herein complained of was extreme, outrageous, and was
3 inflicted on Deckers in reckless disregard of Deckersrights. Said conduct was
4 despicable and harmful to Deckers and as such supports an award of exemplary and
5 punitive damages in an amount sufficient to punish and make an example of
6 Defendants, and to deter them from similar conduct in the future.
7 61. In light of the foregoing, Deckers is entitled to injunctive relief
8 prohibiting Defendants from infringing the Bailey Button Boot Trade Dress and to
9 recover all damages, including attorneysfees, that Deckers has sustained and will
10 sustain, and all gains, profits and advantages obtained by Defendants as a result of
11 their infringing acts alleged above in an amount not yet known, and the costs of this
12 action.
13 FIFTH CLAIM FOR RELIEF
14 (Patent Infringement - U.S. Patent No. D599,999)
15 62. Deckers incorporates herein by reference the averments of the preceding
16 paragraphs as though fully set forth herein.
17 63. Deckers is the owner of numerous design patents to the various styles of
18 footwear it offers under its UGG brand. These design patents include but are not
19 limited to the Bailey Buttonboot (U.S. Patent No. D599,999; issued on September
20 15, 2009), a true and correct copy of which is attached hereto and incorporated herein
21 as Exhibit A (999 Patent).
22 64. Deckers is the owner by assignment of all right, title and interest in and to
23 the 999 Patent.
24 65. Defendants have used, caused to be produced, distributed, advertised,
25 marketed, offered for sale, sold within the United States, and/or have imported into the
26 United States certain footwear that is substantially similar to the 999 Patent in direct
27 violation of 35 U.S.C. 271. Examples of the Accused Products which infringe upon
28 the 999 Patent are shown at the far right of the 999 Patent drawing and genuine

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 UGG Bailey Button boot below:

2
3
4
5
6
7
Design Patent D599,999 UGG Bailey Button Boot DefendantsAccused Boot
8
9
10
11
12
13
14 Design Patent D599,999 UGG Bailey Button Boot DefendantsAccused Boot
15 66. Defendantsaforesaid infringing acts are without Deckerspermission or
16 authority and are in total disregard of Deckersright to control its intellectual property.
17 67. As a direct and proximate result of Defendantsinfringing conduct,
18 Deckers has been injured and will continue to suffer injury to its business and
19 reputation unless Defendants are restrained by this Court from infringing Deckers
20 999 Patent.
21 68. Defendantsacts have damaged and will continue to damage Deckers, and
22 Deckers has no adequate remedy at law.
23 69. Deckers marks all footwear products embodying the design of the 999
24 Patent with Pat. No. 599,999on a product label in compliance with 35 U.S.C. 287.
25 70. Given the widespread popularity and recognition of DeckersBailey
26 Button boot and the patent notice provided on the products themselves, Deckers avers
27 and hereon alleges that Defendants had pre-suit knowledge of Deckersrights to the
28 999 Patent and have intentionally copied said design on their own brand of products

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1 in an effort to pass them off as if they originated, are associated with, are affiliated
2 with, are sponsored by, are authorized by, and/or are approved by Deckers.
3 71. On information and belief, Defendantsacts herein complained of
4 constitute willful acts and intentional infringement of the 999 Patent.
5 72. In light of the foregoing, Deckers is entitled to injunctive relief
6 prohibiting Defendants from infringing the 999 Patent and to recover damages
7 adequate to compensate for the infringement, including Defendantsprofits pursuant to
8 35 U.S.C. 289. Deckers is also entitled to recover any other damages as appropriate
9 pursuant to 35 U.S.C. 284.
10 FIFTH CLAIM FOR RELIEF
11 (Patent Infringement - U.S. Patent No. D584,889)
12 73. Deckers incorporates herein by reference the averments of the preceding
13 paragraphs as though fully set forth herein.
14 74. Deckers is the owner of numerous design patents to the various styles of
15 footwear it offers under its UGG brand. These design patents include but are not
16 limited to the Upsideboot (U.S. Patent No. D584,889; issued on January 20, 2009),
17 a true and correct copy of which is attached hereto and incorporated herein as Exhibit
18 B (889 Patent).
19 75. Deckers is the owner by assignment of all right, title and interest in and to
20 the 889 Patent.
21 76. Defendants have used, caused to be produced, distributed, advertised,
22 marketed, offered for sale, sold within the United States, and/or have imported into the
23 United States certain footwear that is substantially similar to the 889 Patent in direct
24 violation of 35 U.S.C. 271. An example of the Accused Product which infringes
25 upon the 889 Patent is shown at the far right of the 889 Patent drawing and genuine
26 UGG Upside boot below:
27 ///
28 ///

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1
2
3
4
5
6
7
8 Design Patent D584,889 UGG Upside Boot DefendantsAccused Boot
9 77. Defendantsaforesaid infringing acts are without Deckerspermission or
10 authority and are in total disregard of Deckersright to control its intellectual property.
11 78. As a direct and proximate result of Defendantsinfringing conduct,
12 Deckers has been injured and will continue to suffer injury to its business and
13 reputation unless Defendants are restrained by this Court from infringing Deckers
14 889 Patent.
15 79. Defendantsacts have damaged and will continue to damage Deckers, and
16 Deckers has no adequate remedy at law.
17 80. Deckers marks all footwear products embodying the design of the 889
18 Patent with Pat. No. 584,889on a product label in compliance with 35 U.S.C. 287.
19 81. Given the widespread popularity and recognition of Upside boot and the
20 patent notice provided on the products themselves, Deckers avers and hereon alleges
21 that Defendants had pre-suit knowledge of Deckersrights to the 889 Patent and have
22 intentionally copied said design on their own brand of products in an effort to pass
23 them off as if they originated, are associated with, are affiliated with, are sponsored by,
24 are authorized by, and/or are approved by Deckers.
25 82. On information and belief, Defendantsacts herein complained of
26 constitute willful acts and intentional infringement of the 889 Patent.
27 83. In light of the foregoing, Deckers is entitled to injunctive relief
28 prohibiting Defendants from infringing the 889 Patent and to recover damages

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1 adequate to compensate for the infringement, including Defendantsprofits pursuant to

2 35 U.S.C. 289. Deckers is also entitled to recover any other damages as appropriate
3 pursuant to 35 U.S.C. 284.
4 PRAYER FOR RELIEF
5 WHEREFORE, Plaintiff Deckers Outdoor Corporation respectfully prays for
6 judgment against Defendants Forever Link International, Inc., Step Up International,
7 Inc., Shoe Whatever LLC, and JJF Shoes as follows:
8 1. A judgment that Defendants have infringed DeckersBailey Button Boot
9 Trade Dress and 999 and 889 Patents (collectively, UGG Design Patents) and
10 that said infringement was willful;
11 2. An order granting temporary, preliminary and permanent injunctive relief
12 restraining and enjoining Defendants, their agents, servants, employees, officers,
13 associates, attorneys, and all persons acting by, through, or in concert with any of them
14 from using Deckersintellectual property, including, but not limited to:
15 a. Manufacturing, importing, advertising, marketing, promoting,
16 supplying, distributing, offering for sale, or selling the Accused Products or any other
17 products which bear DeckersBailey Button Boot Trade Dress and/or any designs
18 confusingly similar thereto, as well as any products bearing designs that infringe upon
19 the UGG Design Patents and/or the overall appearance thereof;
20 b. Engaging in any other activity constituting unfair competition with
21 Deckers, or acts and practices that deceive consumers, the public, and/or trade,
22 including without limitation, the use of designations and design elements used or
23 owned by or associated with Deckers; and
24 c. Committing any other act which falsely represents or which has the
25 effect of falsely representing that the goods and services of Defendants are licensed by,
26 authorized by, offered by, produced by, sponsored by, or in any other way associated
27 with Deckers;
28 3. Ordering Defendants to recall from any distributors and retailers and to

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1 deliver to Deckers for destruction or other disposition all remaining inventory of all
2 Accused Products and related items, including all advertisements, promotional and
3 marketing materials therefore, as well as means of making same;
4 4. Ordering Defendants to file with this Court and serve on Deckers within
5 thirty (30) days after entry of the injunction a report in writing, under oath setting forth
6 in detail the manner and form in which Defendants have complied with the injunction;
7 5. Ordering an accounting by Defendants of all gains, profits and advantages
8 derived from their wrongful acts pursuant to 15 U.S.C. 1117(a) and 35 U.S.C. 289;
9 6. Awarding Deckers all of Defendantsprofits and all damages sustained by
10 Deckers as a result of Defendantswrongful acts, and such other compensatory
11 damages as the Court determines to be fair and appropriate;
12 7. Awarding treble damages in the amount of Defendantsprofits or
13 Deckersdamages, whichever is greater, for willful infringement;
14 8. Awarding applicable interest, costs, disbursements and attorneysfees;
15 9. Awarding Deckerspunitive damages in connection with its claims under
16 California law; and
17 10. Such other relief as may be just and proper.
18
19 Dated: September 27, 2017 BLAKELY LAW GROUP
20
21 By: _______________________________
Brent H. Blakely
22 Cindy Chan
Jessica C. Covington
23 Attorneys for Plaintiff
Deckers Outdoor Corporation
24
25
26
27
28

17
COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
 Case 2:17-cv-07146 Document 1 Filed 09/27/17 Page 18 of 33 Page ID #:18

1 DEMAND FOR JURY TRIAL

2 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Deckers
3 Outdoor Corporation hereby demands a trial by jury as to all claims in this litigation.
4
5 Dated: September 27, 2017 BLAKELY LAW GROUP
6
7 By: _______________________________
Brent H. Blakely
8 Cindy Chan
Jessica C. Covington
9 Attorneys for Plaintiff
Deckers Outdoor Corporation
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

18
COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
Case 2:17-cv-07146 Document 1 Filed 09/27/17 Page 19 of 33 Page ID #:19

EXHIBIT A
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Case 2:17-cv-07146 Document 1 Filed 09/27/17 Page 23 of 33 Page ID #:23
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Case 2:17-cv-07146 Document 1 Filed 09/27/17 Page 27 of 33 Page ID #:27

EXHIBIT B
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Case 2:17-cv-07146 Document 1 Filed 09/27/17 Page 33 of 33 Page ID #:33