United States District Court, C.D. California, Eastern Division
KOLITCH ROMANO LLP SHAWN J. KOLITCH (Admitted Pro Hac Vice)
MAYNARD COOPER & GALE LLP, Judy M. Lam Attorneys for
Plaintiff Future Motion, Inc.
PERMANENT INJUNCTION AND ORDER DISMISSING
John F. Walter United States District Judge.
March 15, 2019, Future Motion, Inc. (“Future
Motion”) filed its Complaint against Craft&Ride LLC
(“Craft&Ride”). On May 20, 2019,
Craft&Ride filed its Answer to Complaint. In order to
reduce the time and expense of litigation, the parties have
executed an agreement settling this action, and as a
condition of settlement, the parties have agreed to have the
Court enter this Permanent Injunction and to dismiss this
action. Therefore, IT IS HEREBY ORDERED AS FOLLOWS:
Court has jurisdiction of the subject matter of this action
pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§
1331, 1338, 1367. This Court has personal jurisdiction over
Venue is proper in this judicial district as to all parties.
Complaint states a claim upon which relief may be granted
against Defendant at least under 15 U.S.C. § 1114, 15
U.S.C. § 1125, and California Business & Professions
Code §17200 et seq.
Defendant has entered into this Permanent Injunction freely
and without coercion.
Defendant hereby waives all rights to appeal or otherwise
challenge or contest the validity of this Order.
is permanently restrained and enjoined as follows:
any online store that Craft&Ride controls (currently only
www.craftandride.com), at least once on each page on
which Craft&Ride offers any aftermarket accessory for
ONEWHEEL or other Future Motion products, Craft&Ride
shall: (a) include the statement, “Craft&Ride is
not affiliated with Future Motion, Inc., ” or the
equivalent, and (b) specify that its products are
“aftermarket accessories” for Future Motion's
Craft&Ride, and its agents, subsidiaries, successors, and
others acting in concert with Craft&Ride who receive
actual notice of this Order, shall be permanently enjoined
and restrained from using or publishing on the Craft&Ride
website any Future Motion design mark or any copyrightable
content owned by Future Motion (excluding images or videos
that are not themselves owned by Future Motion but that
feature Future Motion products or clothing bearing Future
Motion design marks or copyrightable content).
Court SHALL RETAIN JURISDICTION of this action to the extent
necessary to ensure full compliance with this Stipulated
Permanent Injunction, ...