Suzhou Parsun Power Machine Co Ltd et al v. Western Import Manufacturing Distribution Group LTD et al

Filing 59

ORDER signed by Judge Rudolph T Randa on 02/27/2012 granting 50 Motion to Dismiss Claims against Shelley Anne Hudson; granting 52 Plaintiff's Motion for Summary Judgment; denying 58 Ms. Hudson's Motion for Extension of Time; and the c ounterclaims brought by Western Import and Shelley Anne Hudson are DISMISSED. The Clerk of Court is directed to enter judgment against Western Import. (cc: all counsel; via email US Mail to Shelley Anne Hudson) (Koll, J) Modified on 2/27/2012 (mlm).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

SUZHOU PARSUN POWER MACHINE CO., Ltd.,
a foreign (Chinese) corporation, and
MARS ELECTRIC, LLC, a Wisconsin limited
liability company,
Plaintiffs,
Case No. 10-C-398
-vsWESTERN IMPORT MANUFACTURING
DISTRIBUTION GROUP Ltd, a foreign (Canadian)
corporation, SHELLEY ANNE HUDSON
Defendants.

DECISION AND ORDER

Pursuant to the prior proceedings in this matter, Western Import is in default. All that
remains are the plaintiffs’ claims against the other defendant, Shelley Anne Hudson, and Ms.
Hudson’s counterclaims against the plaintiffs, Suzhou Parsun Power Machine Company and
Mars Electric LLC. The plaintiffs move to voluntarily dismiss their claims against Ms.
Hudson. The plaintiffs also move for summary judgment on Ms. Hudson’s counterclaims
and for the entry of judgment against Western Import.
In response, Ms. Hudson moves for an extension of time to respond to the motion for
summary judgment. Under normal circumstances, the Court would be inclined to grant this
motion. But these are not normal circumstances. Indeed, there has been nothing typical or
routine about this case, which, quite simply, has gone on long enough. From the outset, an

ultimate resolution in this matter has been repeatedly extended and delayed due to the
dilatory conduct of the pro se defendant.

Even now, despite repeated warnings and

admonitions, Ms. Hudson insists upon acting as if she is representing Western Import,
something she cannot do in federal court. As for her own counterclaims, Ms. Hudson offers
nothing to suggest that she is or has been diligently pursuing those claims. In fact, the Court
affirmatively finds that just the opposite is true. It is readily apparent that Ms. Hudson’s
counterclaims are part of an overall strategy of delay.
Therefore, the Court will grant the plaintiffs’ motion for summary judgment. In the
alternative, Ms. Hudson’s counterclaims, such as they are, are also dismissed for want of
prosecution. Fed. R. Civ. P. 41(b).
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT plaintiffs’ motion to dismiss claims against Shelley Anne Hudson [ECF
No. 50] is GRANTED; plaintiffs’ motion for summary judgment [ECF No. 52] is
GRANTED; Ms. Hudson’s motion for an extension of time [ECF No. 58] is DENIED; and
the counterclaims brought by Western Import and Shelley Anne Hudson are DISMISSED.
IT IS FURTHER ORDERED THAT the Clerk of Court is directed to enter
judgment against Western Import as follows:
1.

Western Import, its officers, directors, employees and agents are ENJOINED

from: (a) infringing Suzhou Parsun’s trademarks and service marks; (b) using Suzhou
Parsun’s trade names, trademarks, or service marks, or any version thereof, in connection
with the description, marketing, promotion, advertising, or sale of any products or services;

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(c) registering, using, or trafficking any domain names that are identical or confusingly
similar to Suzhou Parsun’s marks, including but not limited to domain names containing
Suzhou Parsun’s marks, and domain names containing misspellings of Suzhou Parsun’s
marks; (d) advertising, promoting or in any way stating or inferring that they are or were
authorized dealers or service representatives of Suzhou Parsun, or of Suzhou Parsun’s goods
or services in the United States and/or in North America; and (e) assisting, aiding or abetting
any other person or business or entity in engaging in or performing any of the activities
referred to in subparagraphs (a) through (d) above;
2.

Western Import shall FORFEIT and TRANSFER the following infringing

domain names to Suzhou Parsun: (a) parsunengines.com; (b) parsunoutboards.net; (c)
parsun-outboards.com;

(d)

parsunoutboards.cn;

(e)

parsun-boats.com;

and

(f)

parsunoutboards.ca;
3.

The statements made by Western Import to the United States Patent and

Trademark Office in the application for registration of the “parsun” word mark were false;
were made for the sole purpose of obtaining registration of said mark; were known by
Western Import to be false when made; and that in furtherance of said purpose Western
Import committed fraud upon the USPTO;
4.

The statements made by Western Import to the USPTO in Opposition

Proceeding 91191786 and companion Proceeding 91189508 were false; were made for the
dual purposes of obtaining registration of the “parsun” word mark under false pretenses, and
to bar Suzhou Parsun from obtaining registration of the Mark for which Plaintiffs are

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entitled; were known by Western Import to be false when made; and that in furtherance of
said scheme Western Import committed fraud upon the USPTO.
Dated at Milwaukee, Wisconsin, this 27th day of February, 2012.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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