Toyo Tire and Rubber Co., Ltd. et al v. Kabusikiki Kaisha Tokyo Nihoon Rubber Corp. et al

Filing 32

ORDER Granting Plaintiffs' 31 Motion for Disbursement of Funds. The Clerk of Court is directed to refund the $50,000 cash deposit to Toyo Tire Holdings of Americas Inc. and its Attorneys, Lewis Roca Rothgerber LLP. Signed by Judge Jennifer A. Dorsey on 11/17/2015. (Copies have been distributed pursuant to the NEF: cc: Finance - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Toyo Tire and Rubber Co., Ltd., et al.,

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2:14-cv-01847-JAD-VCF

Plaintiffs

Order Granting Plaintiffs’ Motion for
Refund [ECF 31] and Directing Clerk
of Court to Refund Cash Deposit

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v.

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Kabusikiki Kaisha Tokyo Nihoon Rubber Corp., et
al.,

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Defendants
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After attending a trade show in Las Vegas in November 2014 and learning that defendants

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were infringing on its trademarks, Toyo Tire sued defendants for trademark infringement and related

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claims and moved for preliminary injunctive relief.1 When I granted Toyo’s motion for a temporary

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restraining order, I ordered Toyo to make a $50,000 cash deposit with the Clerk of Court and

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authorized the U.S. Marshals Service to seize infringing products and promotional materials

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displayed at defendants’ booth at the trade show. On October 26, 2015, after defendants failed to

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appear or otherwise defend this case, I granted Toyo’s motion for default judgment and motion for a

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permanent injunction and instructed the Clerk of Court to close this case.2 Toyo now moves for a

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refund of the cash deposit.3 Defendants have filed no opposition to Toyo’s request. Because final

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judgment has been entered in Toyo’s favor and defendants have never challenged the temporary

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restraining and seizure order against them (which has since terminated), Toyo is entitled to a refund

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of the security it posted for the temporary restraining and seizure order.

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ECF 1, 2, 4.

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ECF 26.

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ECF 31.
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Conclusion

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Accordingly, IT IS HEREBY ORDERED that plaintiffs’ Motion for Refund [ECF 31] is
GRANTED. The Clerk of Court is directed to refund the $50,000 cash deposit to:

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Toyo Tire Holdings of Americas Inc. and its Attorneys
Lewis Roca Rothgerber LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169–5996.4

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Dated this 17th day of November, 2015

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_________________________________
______________________
_ _____ __ _ _
___
Jennifer A. Dorsey
nnifer A Dorsey
fe
fe
s
United States District Judge
nited States
d tat
tate
ct Judge
t d

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ECF 9 at 2.
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