Volkswagen Group of America, Inc. v. EMD Auto et al

Filing 27

STIPULATED PRELIMINARY INJUNCTION AS TO EMD DEFENDANTS ONLY 25 by Judge Josephine L. Staton, the Court HEREBY ORDERS: Pursuant to Rule 65 of the FRCP, defendants EMD Auto, Emmanuele Design, LLC, and Thomas Emanuele and all their officers, directors , agents, servants, employees, attorneys, and all other persons in active concert or participation with the EMD Defendants who receive actual notice of this Order, are preliminarily enjoined and restrained. (SEE DOCUMENT FOR FURTHER INFORMATION). The Plaintiff's Motion for Preliminary Injunction is deemed withdrawn as to the EMD Defendants only. The Motion remains on calendar as to the remaining Defendants. (jp)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 9 VOLKSWAGEN GROUP OF 10 AMERICA, INC., a New Jersey corporation 11 Plaintiff, 12 v. 13 Case No. 8:19-cv-01511-JLS-KES 14 Judge: Date: Time: Dept.: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) EMD AUTO, a California corporation, ) EMMANUELE DESIGN, LLC, a ) California corporation, THOMAS ) EMANUELE, an individual, PARTS ) SCORE, a Arizona corporation, JASON ) AMIOT, an individual, ) ) Defendants. ) ) STIPULATED PRELIMINARY INJUNCTION AS TO EMD DEFENDANTS ONLY Josephine L. Staton October 18, 2019 10:30 a.m. 10A The Court has reviewed the Stipulated Preliminary Injunction Without Prejudice regarding the EMD Defendants. Accordingly, the Court HEREBY ORDERS: Pursuant to Rule 65 of the Federal Rules of Civil Procedure, defendants EMD Auto, Emmanuele Design, LLC, and Thomas Emanuele (collectively the “EMD Defendants”) and all their officers, directors, agents, servants, employees, attorneys, and all other persons in active concert or participation with the EMD Defendants who receive actual notice of this Order, are preliminarily enjoined and restrained from: (1) advertising, selling and/or using in any way any goods bearing counterfeits of the Audi and VW Marks; 1 (2) doing anything with the goods bearing counterfeits of the Audi and 2 VW Marks other than sequestering such goods pending the outcome 3 of this matter; 4 (3) otherwise using the Audi and VW Marks to mislead consumers into 5 believing that the EMD Defendant’s business, products, and services 6 are associated or affiliated with, sponsored, or authorized by Audi 7 and VW. 8 9 10 The Plaintiff’s Motion for Preliminary Injunction is deemed withdrawn as to the EMD Defendants only. The Motion remains on calendar as to the remaining Defendants. 11 IT IS SO ORDERED. 12 DATED: October 03, 2019 13 14 15 Hon. Josephine L. Staton UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2.

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