Ford Motor Company v. Crov Inc. et al

Filing 54

ORDER RE PERMANENT INJUNCTION by Judge Dale S. Fischer, the Court HEREBY ORDERS that Sunward, including its officers, agents, representatives, employees, parent entities, subsidiaries, and all persons and/or entities in active concert or participation with any of them, who receive actual notice of this Order by personal service or otherwise, shall be forever and permanently restrained and enjoined. See Order for specifics. (jp)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

9 FORD MOTOR COMPANY, a
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Delaware corporation,
Plaintiff,

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Case No. 2:22-CV-05552-DSF-AGR
ORDER RE PERMANENT
INJUNCTION

v.
CROV INC. d/b/a crov.com, a
Delaware Corporation; SUNWARD
LOGISTICS USA LLC, a California
Limited Liability Company; QINGDAO
HAIRUNKAIYUAN AUTO PARTS
CO., LTD., d/b/a
www.freedream4x4.com and also
Qingdao Yuanxi Auto Parts Co., LTD.,
a Chinese business entity; FD-ALL
TOGETHER AUTOMOTIVE INC., a
California Corporation; YUNQI
“JACKY” HAN, an individual;
YUNFANG “CHERYL” HAN, an
individual; and, DOES 3 through 30
inclusive,
Defendants.

Honorable Dale S. Fischer

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Plaintiff Ford Motor Company (“Ford”), by and through its counsel, and

2 Defendant Sunward Logistics USA LLC (“Sunward”), by and through its counsel,
3 (together, the “Parties”), having STIPULATED and AGREED to the Court’s entry
4 of the following permanent injunction, the Court ORDERS as follows:
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STIPULATED FINDINGS

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WHEREAS, Ford has a pending civil action in the United States District

7 Court for the Central District of California against certain defendants, including
8 Sunward, which alleges claims under the Lanham Act for trademark infringement
9 and counterfeiting, as well as unfair competition, principally related to the alleged
10 importation, distribution, and resale of allegedly counterfeit Ford-branded products,
11 Case No. 2:22-CV-05552-DSF-AGR (the “Civil Action”);
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WHEREAS, Sunward has denied the allegations against it in the Civil Action;

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WHEREAS, the Parties have informed the Court that they have entered a

14 Confidential Settlement Agreement to resolve the Civil Action as between them,
15 which includes the entry of this Order re stipulated permanent injunction (the
16 “Order”), as well as the voluntary dismissal of the Civil Action with prejudice as to
17 Sunward;
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WHEREAS, Sunward has stipulated to the Court’s jurisdiction over it, and

19 has stipulated to the facts necessary to establish jurisdiction over the Civil Action,
20 for purposes of entering and/or enforcing this Order and/or any other terms of the
21 Confidential Settlement Agreement; and,
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WHEREAS, Ford has stipulated to the voluntary dismissal of Sunward with

23 prejudice upon entry of this Order pursuant to Fed. R. Civ. Proc. 41(a), and has
24 informed the Court that it intends to file the same following entry of this Order.
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ORDER RE PERMANENT INJUNCTION

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Accordingly, the Court HEREBY ORDERS that Sunward, including its

27 officers, agents, representatives, employees, parent entities, subsidiaries, and all
28 persons and/or entities in active concert or participation with any of them, who
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1 receive actual notice of this Order by personal service or otherwise, shall be forever
2 and permanently restrained and enjoined from shipping, importing, storing,
3 advertising, promoting, marketing, offering to sell, selling, or otherwise distributing
4 or facilitating the distribution of any counterfeit Ford-branded product(s), and/or
5 otherwise infringing any of Ford’s trademarks.
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The Court shall retain jurisdiction to make such orders as may be needed, if

7 any, to enforce this injunction or the terms of the settlement between the Parties.
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9 IT IS SO ORDERED.
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12 DATED: December 1, 2023
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_____________________________________
Dale
D l S.
S Fischer
Fi h
United States District Judge

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