Case 2:18-cv-01227-AB-AGR Document 6 Filed 02/15/18 Page 1 of 16 Page ID #:31

1 Brent H. Blakely (SBN 157292)

bblakely@blakelylawgroup.com
2 Jessica C. Covington (SBN 301816)
jcovington@blakelylawgroup.com
3 BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
4 Manhattan Beach, California 90266
Telephone: (310) 546-7400
5 Facsimile: (310) 546-7401
6 Attorneys for Plaintiff
Deckers Outdoor Corporation
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8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
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12
DECKERS OUTDOOR ) CASE NO.:
13 CORPORATION, a Delaware )
Corporation, )
14 ) COMPLAINT FOR DAMAGES AND
Plaintiff, ) EQUITABLE RELIEF FOR PATENT
15 ) INFRINGEMENT OF U.S. PATENT
v. ) NO. D599,999
16 )
ETRADERZ LLC, a Maine Limited )
17 Liability Company; and DOES 1-10, )
inclusive, )
18 ) JURY TRIAL DEMANDED
)
19 Defendants. )
)
20
21
Plaintiff Deckers Outdoor Corporation for its claims against Defendant
22
eTraderz LLC (“Defendant”) respectfully alleges as follows:
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JURISDICTION AND VENUE
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1. Plaintiff files this action against Defendant for patent infringement arising
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under the patent laws of the United States. This Court has subject matter jurisdiction
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over the claims alleged in this action pursuant to 28 U.S.C. § 1331.
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2. This Court has personal jurisdiction over Defendant because Defendant
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 does business within this judicial district.

2 3. This action arises out of wrongful acts by Defendant within this judicial
3 district and Plaintiff is located and has been injured in this judicial district by
4 Defendant’s alleged wrongful acts. Venue is proper in this district pursuant to 28
5 U.S.C. § 1391 because the claims asserted arise in this district.
6 THE PARTIES
7 4. Plaintiff Deckers Outdoor Corporation (“Deckers”) is a corporation
8 organized and existing under the laws of the state of Delaware with an office and
9 principal place of business in Goleta, California. Deckers designs and markets
10 footwear identified by its many famous trademarks including its UGG® trademark.
11 5. Upon information and belief, Defendant ETraderz LLC is a Maine limited
12 liability company with its principal place of business located 20 Murray Drive, Cape
13 Elizabeth, Maine 04107.
14 6. Deckers is unaware of the names and true capacities of Defendants,
15 whether individual, corporate and/or partnership entities named herein as DOES 1
16 through 10, inclusive, and therefore sues them by their fictitious names. Deckers will
17 seek leave to amend this complaint when their true names and capacities are
18 ascertained. Deckers is informed and believes and based thereon alleges that said
19 Defendant and DOES 1 through 10, inclusive, are in some manner responsible for the
20 wrongs alleged herein, and that at all times referenced each was the agent and servant
21 of the other Defendants and was acting within the course and scope of said agency and
22 employment.
23 7. Deckers is informed and believes, and based thereon alleges, that at all
24 relevant times herein, Defendant and DOES 1 through 10, inclusive, knew or
25 reasonably should have known of the acts and behavior alleged herein and the damages
26 caused thereby, and by their inaction ratified and encouraged such acts and behavior.
27 Deckers further alleges that Defendant and DOES 1 through 10, inclusive, have a non-
28 delegable duty to prevent or not further such acts and the behavior described herein,

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1 which duty Defendant and DOES 1 through 10, inclusive, failed and/or refused to
2 perform.
3 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
4 A. Deckers’UGG® Brand
5 8. Deckers has been engaged in the design, distribution, marketing, offering
6 for sale, and sale of footwear since 1975. Deckers owns several brands of footwear
7 including UGG®, Koolaburra®, Teva®, Sanuk®, and Hoka One One®.
8 9. Deckers’UGG® brand remains one of the most recognized and relevant
9 comfort shoe brands in the industry. Since 1979, when the UGG® brand was founded,
10 the popularity of UGG® boots has steadily grown across the nation and even the
11 globe. The UGG® brand has always been and remains highly coveted by consumers.
12 This commitment to quality has helped to propel the UGG® brand to its current,
13 overwhelming level of popularity and cemented its status as a luxury brand.
14 10. It has now been eighteen years since UGG® boots were first featured on
15 Oprah’s Favorite Things® in the year 2000, and Oprah emphatically declared on
16 national television how much she “LOOOOOVES her UGG boots.”The popularity of
17 UGG® brand footwear has grown exponentially since then with celebrities including
18 Kate Hudson and Sarah Jessica Parker among a myriad of others regularly donning
19 them. UGG® sheepskin boots have become a high fashion luxury item and can be
20 found on fashion runways around the world.
21 11. Deckers’UGG® products are distributed and sold to consumers through
22 authorized retailers throughout the United States at point-of-sale and on the Internet,
23 including through its UGG® Concept Stores and its website www.ugg.com.
24 B. Defendant’s Infringing Activities
25 12. Upon information and belief, Defendant manufactures, imports, designs,
26 advertises, markets, distributes, offers for sale, and/or sells footwear for men, women,
27 and children. Defendant offers footwear through its digital storefronts on
28 Amazon.com and Jet.com, as well as through its website, www.steponefootwear.com,

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1 both of which are accessible to consumers nationwide, including within this judicial
2 district.
3 13. The present lawsuit arises from Defendant’s willful infringement of
4 Deckers’federally registered U.S. Patent No. D599,999, to which Deckers has
5 exclusive rights, by certain of Defendant’s footwear products (“Accused Products”), an
6 example of which is shown below.
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8
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13 Accused Products
14 14. A pair of the Accused Products was purchased online and the order was
15 fulfilled and shipped by Defendant to an address in this judicial district.
16 15. Deckers is informed and believes and herein alleges that Defendant is a
17 competitor and has copied Deckers’boot designs in an effort to exploit Deckers’
18 reputation in the market.
19 16. Upon information and belief, Defendant may have sold additional
20 products that infringe upon Deckers’intellectual property. Deckers may seek leave to
21 amend as additional information becomes available through discovery.
22 17. Deckers has not granted a license or any other form of permission to
23 Defendant with respect to its trademarks, design patents, trade dresses, or other
24 intellectual property.
25 18. Deckers is informed and believes and herein alleges that Defendant has
26 acted in bad faith and that Defendant’s acts have misled and confused and were
27 intended to cause confusion, or to cause mistake, or to deceive as to the affiliation,
28 connection, or association of Defendant’s Accused Products with Deckers, or as to the

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 origin, sponsorship, or approval of Defendant’s Accused Products by Deckers.

2 FIRST CLAIM FOR RELIEF
3 (Patent Infringement - U.S. Patent No. D599,999)
4 19. Deckers incorporates herein by reference the averments of the preceding
5 paragraphs as though fully set forth herein.
6 20. Deckers is the owner of numerous design patents to the various styles of
7 footwear it offers under its UGG® brand. These design patents include but are not
8 limited to the “Bailey Button”boot (U.S. Patent No. D599,999; issued on September
9 15, 2009), a true and correct copy of which is attached hereto and incorporated herein
10 as Exhibit A (“‘999 Patent”).
11 21. Deckers is the owner by assignment of all right, title and interest in and to
12 the ‘999 Patent.
13 22. Defendant has used, caused to be produced, distributed, advertised,
14 marketed, offered for sale, sold within the United States, and/or have imported into the
15 United States certain footwear that is substantially similar to the ‘999 Patent in direct
16 violation of 35 U.S.C. § 271. Examples of the Accused Products which infringe upon
17 the ‘999 Patent are shown at the far right of the ‘999 Patent drawing and genuine
18 UGG® Bailey Button boot below:
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24 Design Patent D599,999 UGG® Bailey Button Boot Accused Boot
25 23. Defendant’s aforesaid infringing acts are without Deckers’permission or
26 authority and are in total disregard of Deckers’right to control its intellectual property.
27 24. As a direct and proximate result of Defendant’s infringing conduct,
28 Deckers has been injured and will continue to suffer injury to its business and

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 reputation unless Defendant is restrained by this Court from infringing Deckers’‘999

2 Patent.
3 25. Defendant’s acts have damaged and will continue to damage Deckers, and
4 Deckers has no adequate remedy at law.
5 26. Deckers marks all footwear products embodying the design of the ‘999
6 Patent with “Pat. No. 599,999”on a product label in compliance with 35 U.S.C. § 287.
7 27. Given the widespread popularity and recognition of Deckers’Bailey
8 Button boot and the patent notice provided on the products themselves, Deckers avers
9 and hereon alleges that Defendant had pre-suit knowledge of Deckers’rights to the
10 ‘999 Patent and has intentionally copied said design on its own brand of products in an
11 effort to pass them off as if they originated, are associated with, are affiliated with, are
12 sponsored by, are authorized by, and/or are approved by Deckers.
13 28. On information and belief, Defendant’s acts herein complained of
14 constitute willful acts and intentional infringement of the ‘999 Patent.
15 29. In light of the foregoing, Deckers is entitled to injunctive relief
16 prohibiting Defendant from infringing the ‘999 Patent and to recover damages
17 adequate to compensate for the infringement, including Defendant’s profits pursuant to
18 35 U.S.C. § 289. Deckers is also entitled to recover any other damages as appropriate
19 pursuant to 35 U.S.C. § 284.
20 PRAYER FOR RELIEF
21 WHEREFORE, Plaintiff Deckers Outdoor Corporation respectfully prays for
22 judgment against Defendant eTraderz LLC as follows:
23 1. A judgment that Defendant has infringed Deckers’‘999 Patent and that
24 said infringement was willful;
25 2. An order granting temporary, preliminary and permanent injunctive relief
26 restraining and enjoining Defendant, its agents, servants, employees, officers,
27 associates, attorneys, and all persons acting by, through, or in concert with any of them
28 from using Deckers’intellectual property, including, but not limited to:

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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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1 a. Manufacturing, importing, advertising, marketing, promoting,

2 supplying, distributing, offering for sale, or selling the Accused Products or any
3 products bearing designs that infringe upon the ‘999 Patent and/or the overall
4 appearance thereof;
5 b. Committing any other act which falsely represents or which has the
6 effect of falsely representing that the goods and services of Defendant are licensed by,
7 authorized by, offered by, produced by, sponsored by, or in any other way associated
8 with Deckers;
9 3. Ordering Defendant to recall from any distributors and retailers and to
10 deliver to Deckers for destruction or other disposition all remaining inventory of all
11 Accused Products and related items, including all advertisements, promotional and
12 marketing materials therefore, as well as means of making same;
13 4. Ordering Defendant to file with this Court and serve on Deckers within
14 thirty (30) days after entry of the injunction a report in writing, under oath setting forth
15 in detail the manner and form in which Defendant has complied with the injunction;
16 5. Ordering an accounting by Defendant of all gains, profits and advantages
17 derived from its wrongful acts pursuant to 35 U.S.C. § 289;
18 6. Awarding Deckers all of Defendant’s profits and all damages sustained by
19 Deckers as a result of Defendant’s wrongful acts, and such other compensatory
20 damages as the Court determines to be fair and appropriate;
21 7. Awarding treble damages in the amount of Defendant’s profits or
22 Deckers’damages, whichever is greater, for willful infringement;
23 8. Awarding applicable interest, costs, disbursements and attorneys’fees;
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1 9. Such other relief as may be just and proper.

2
3 Dated: February 9, 2018 BLAKELY LAW GROUP
4
5 By: _______________________________
Brent H. Blakely
6 Jessica C. Covington
Attorneys for Plaintiff
7 Deckers Outdoor Corporation
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DEMAND FOR JURY TRIAL
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Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Deckers
12
Outdoor Corporation hereby demands a trial by jury as to all claims in this litigation.
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Dated: February 9, 2018 BLAKELY LAW GROUP
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16
By: _______________________________
17 Brent H. Blakely
Jessica C. Covington
18 Attorneys for Plaintiff
Deckers Outdoor Corporation
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EXHIBIT A
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