AirWair International Ltd. v. Pull & Bear Espana SA

Good Law
United States District Court, Northern District of CaliforniaNovember 15, 20213:19-cv-07641California4,375 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AIRWAIR INTERNATIONAL LTD., Case No. 19-cv-07641-SI

Plaintiff, ORDER GRANTING PLAINTIFF'S v. MOTION FOR PERMANENT

INJUNCTION

ITX USA LLC, Dkt. No. 189 Defendant.

12 Before the Court is a motion for a permanent injunction filed by plaintiff AirWair International Ltd. (“plaintiff” or “AirWair”) against defendant ITX USA, LLC (“ITX” or “defendant”). Dkt. No. 189 (Plaintiff’s Motion). On November 12, 2021, the Court held a hearing and heard argument. Having considered the parties’ papers and the arguments made during the hearing, the Court hereby GRANTS plaintiff’s motion as discussed below. 18 BACKGROUND Plaintiff owns the following trade dress, referred to collectively as “Dr. Martens Trade Dress”: Registration No. 2437751 is directed to “a combination of yellow stitching in the welt area, and a two-tone grooved sole edge”; Registration No. 5067689 is directed to “a sole…

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