Future Motion, Inc. v. Craft & Ride LLC

          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 ACTION

          Hon. John F. Walter United States District Judge.

         On 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:

         FINDINGS

         1. This 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 Defendant.

         2. Venue is proper in this judicial district as to all parties.

         3. The 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.

         4. Defendant has entered into this Permanent Injunction freely and without coercion.

         5. Defendant hereby waives all rights to appeal or otherwise challenge or contest the validity of this Order.

         ORDER

         Defendant is permanently restrained and enjoined as follows:

         6. On 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 products.

         7. 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).

         8. This Court SHALL RETAIN JURISDICTION of this action to the extent necessary to ensure full compliance with this Stipulated Permanent Injunction, ...