Ford Motor Company v. Crov Inc. et al

Filing 59

ORDER by Judge Dale S. Fischer Re Stipulated Permanent Injunction 58 . See Order for specifics. (jp)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 FORD MOTOR COMPANY, a Case No. 2:22-CV-05552-DSF-AGR 11 ORDER RE STIPULATED PERMANENT INJUNCTION Delaware corporation, Plaintiff, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 Plaintiff Ford Motor Company (“Ford”), by and through its counsel, and 2 Defendant Crov Inc. D/B/A crov.com (“Crov”), 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: 5 STIPULATED FINDINGS 6 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 Crov, which alleges claims under the Lanham Act for trademark infringement and 9 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”); 12 WHEREAS, Crov has denied Ford’s allegations in the Civil Action; 13 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 Crov; 18 WHEREAS, Crov has stipulated to the Court’s jurisdiction over it, and has 19 stipulated to the facts necessary to establish jurisdiction over the Civil Action, for 20 purposes of entering and/or enforcing this Order and/or any other terms of the 21 Confidential Settlement Agreement; and, 22 WHEREAS, Ford has stipulated to the voluntary dismissal of Crov 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. 25 26 ORDER RE PERMANENT INJUNCTION Accordingly, the Court HEREBY ORDERS that Crov, including its officers, 27 agents, representatives, employees, and all persons and/or entities in active concert 28 or participation with any of them, who receive actual notice of this Order by 2 1 personal service or otherwise, shall be forever and permanently restrained and 2 enjoined from transporting, shipping, importing, storing, advertising, promoting, 3 marketing, offering to sell, selling, or otherwise distributing or facilitating the 4 distribution of any counterfeit Ford-branded product(s) and/or otherwise infringing 5 any of Ford’s trademarks identified in this Civil Action. 6 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. 8 9 IT IS SO ORDERED. 10 11 12 DATED: January 10, 2024 13 14 _____________________________________ Dale S. S Fischer United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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