Vossen Wheels, Inc v. Toprich (U.S.A.), Inc. et al

Filing 14

ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION by Judge Audrey B. Collins: NOTE: CHANGES MADE BY THE COURT. GOOD CAUSE APPEARING, and upon consideration of Plaintiff Vossen Wheels, Inc.'s Ex Parte Application for Temporary Restraining Order (TRO) and Order to Show Cause (OSC) for a Preliminary Injunction, and its supporting papers, and there being no opposition the Court hereby GRANTS Plaintiff Vossen Wheels, Inc.'s Motion and it is ORDERED that Defendants Toprich (U.S.A.), Inc. d oing business as Redline Wheels, Inc., JAT Wheels, Inc. doing business as STR Racing, A Spec Wheels & Tires, LLC, Alicia Luo, and John Does 1-10 (hereinafter collectively "Defendants") show cause before this Court on November 4, 2013 at 10: 00 a.m., or as soon thereafter as counsel can be heard, why a preliminary injunction should not be issued herein pursuant to Fed. R. Civ. P. 65 that, pending trial on this action, orders Defendants and their agents, servants, employees, attorneys a nd all persons in active concert and participation with Defendants, to 1. restrain from: (see document for further details). This Order to Show Cause shall be served on Defendant by no later than October 25, 2013 by overnight carrier or hand-deli very. The following briefing schedule shall apply: Any opposition papers to the Order to Show Cause shall be filed and served on plaintiff no later than October 29, 2013. Any reply papers to such opposition shall be filed and served on Defendants by no later than October 30, 2013. Date: October 24, 2013, At: 11:33 a.m. (bm)

1 Gary M. Anderson (State Bar No. 97385)

[e-mail]

2 James Juo (State Bar No. 193852)

[e-mail]

3 FULWIDER PATTON LLP

Howard Hughes Center

4 6060 Center Drive, Tenth Floor

Los Angeles, California 90045

5 Telephone: [phone]

Facsimile: [phone]

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Attorneys for PLAINTIFF
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

11 VOSSEN WHEELS, INC.,

Case No. 2:13-CV-7747-ABC (CWx)

Plaintiff,

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[PROPOSED] ORDER TO SHOW
CAUSE FOR A PRELIMINARY
INJUNCTION

v.

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14 TOPRICH (U.S.A.), INC. D/B/A

REDLINE WHEELS, INC.; JAT

Courtroom: 680
Judge: Audrey B. Collins

15 WHEELS, INC. D/B/A STR RACING;

A SPEC WHEELS & TIRES, LLC;
16 ALICIA LUO; AND DOES 1-10,
Defendants.

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NOTE: CHANGES MADE BY THE COURT
GOOD CAUSE APPEARING, and upon consideration of Plaintiff Vossen

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20 Wheels, Inc.’s Ex Parte Application for Temporary Restraining Order (TRO) and
21 Order to Show Cause (OSC) for a Preliminary Injunction, and its supporting papers,
22 and there being no opposition the Court hereby GRANTS Plaintiff Vossen
23 Wheels, Inc.’s Motion and it is ORDERED that Defendants Toprich (U.S.A.), Inc.
24 doing business as Redline Wheels, Inc., JAT Wheels, Inc. doing business as STR
25 Racing, A Spec Wheels & Tires, LLC, Alicia Luo, and John Does 1-10 (hereinafter
26 collectively “Defendants”) show cause before this Court on November 4, 2013 at
27 10:00 a.m., or as soon thereafter as counsel can be heard, why a preliminary
28 injunction should not be issued herein pursuant to Fed. R. Civ. P. 65 that, pending
707909.1

PROPOSED ORDER FOR OSC
CIVIL ACTION NO. 13 CV 7747 ABC (CWx)

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1 trial on this action, orders Defendants and their agents, servants, employees,
2 attorneys and all persons in active concert and participation with Defendants, to
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1.

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restrain from:
a.

making, using, selling, offering for sale, holding for sale,

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shipping, importing, advertising, marketing, and promoting any wheel,

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including but not limited to the STR-613 wheel, that infringes Plaintiff’s U.S.

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Patent No. D681,541 (“the '541 patent”);

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b.

making, using, selling, offering for sale, holding for sale,

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shipping, importing, advertising, marketing, and promoting the STR-613

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wheel that Plaintiff alleges are advertised, marketed, and/or promoted by

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Defendants using Plaintiff’s well-known trademark VOSSEN (hereinafter

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“the VOSSEN mark”); and

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c.

using Plaintiff’s VOSSEN mark to sell, advertise, market, and

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promote any other vehicle wheel products;

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2.

immediately destroy all remaining products, advertisements, circulars,

16 brochures or other promotional or advertising items, web site or other materials for
17 its infringing wheels;
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3.

remove all signage and deliver up for destruction all materials and

19 matter in its possession or custody or under its control that infringe Plaintiff's
20 VOSSEN mark, including, without limitation, all advertising and promotional
21 materials;
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4.

promptly eliminate all advertising under or bearing the VOSSEN mark

23 or any other confusingly similar designations from all media including, but not
24 limited to, newspapers, flyers, coupons, signs, promotions, and Internet sites,
25 including but not limited to Facebook® pages and Twitter® accounts and postings,
26 all at Defendants’ cost;
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5.

correct its advertising in a form, manner, and frequency that is

28 acceptable to Plaintiff and the Court;
707909.1

PROPOSED ORDER FOR OSC
CIVIL ACTION NO. 13 CV 7747 ABC (CWx)

2

1

6.

pay to Plaintiff costs and expenses, including but not limited to

2 reasonable attorneys’ fees incurred by Plaintiff in connection with this action, based
3 on the Court’s finding that Defendants’ actions were willfully in disregard to
4 Plaintiff’s rights; and
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7.

file with the Court and serve upon Plaintiff’s counsel within ten (10)

6 days after entry of any injunction or order issued herein, a written report, under oath,
7 setting forth in detail the manner in which they have complied with such injunction
8 or order.
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This Order to Show Cause shall be served on Defendant by no later than

10 October 25, 2013 by overnight carrier or hand-delivery. The following briefing
11 schedule shall apply: Any opposition papers to the Order to Show Cause shall be
12 filed and served on plaintiff no later than October 29, 2013. Any reply papers to
13 such opposition shall be filed and served on Defendants by no later than October
14 30, 2013.
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17 Date: October 24, 2013
18 At: 11:33 a.m.

__________________________________

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Judge of the United States District Court
for the Central District of California

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707909.1

PROPOSED ORDER FOR OSC
CIVIL ACTION NO. 13 CV 7747 ABC (CWx)

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