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1:18-cv-00068 - U.S. Auto Parts Network, Inc. v. United States et al


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1:18-cv-00068 - U.S. Auto Parts Network, Inc. v. United States et al
April 6, 2018
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Order entered on 4/6/2018 ; Slip Op. 18-38, granting in part and denying in part Plaintiff's Motion for Temporary Restraining Order. ORDERED that Plaintiffs motion is granted in part and denied in part; and it is furtherORDERED that Defendants and their officers, employees, and agents be temporarily restrained starting at 5:00 P.M. on the date of this Order from enforcing a requirement that, for each shipment into the United States, U.S. Auto Parts Network, Inc. (U.S. Auto) submit a single entry bond at three times the shipment value in order to obtain entry into the United States with respect to the subject merchandise not alleged to be infringing; and it is further ORDERED that Defendants and their officers, employees, and agents may impose a single entry bond at three times the shipment value proportional to the percentage of allegedly infringing goods contained in the shipments; and it is further ORDERED that Defendants and their officers, employees, and agents shall expeditiously process all of U.S. Autos shipping containers and immediately release to U.S. Auto all imports not implicated by Customs underlying trademark infringement allegations; and it is further ORDERED that this temporary restraining order will expire on April 20, 2018 at 5:00 P.M.. (related document(s)5, 6, 16, 15).(Goell, Geoffrey)
May 25, 2018
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Order entered on 5/25/2018 Slip opinion: 18-62; Granting Plaintiff's motion for a preliminary injunction. (related document(s)5) ORDERED that Plaintiff's motion for preliminary injunction is granted; and it is further ORDERED that the Temporary Restraining Order currently in place in this action is dissolved; and it is further ORDERED that Defendants and their officers, employees, and agents are restrained from enforcing a requirement that, for each shipment into the United States, U.S. Auto Parts Network, Inc. submit a single entry bond at three times the shipment value in order to obtain entry into the United States; and it is further ORDERED that Defendants and their officers, employees, and agents are restrained from collecting a bond from U.S. Auto Parts Network, Inc., other than the $200,000 continuous bond currently in place in order to obtain entry of shipments into the United States; and it is further ORDERED that Defendants and their officers, employees, and agents shall use their best efforts to process all of U.S. Auto's backlogged shipping containers and release to U.S. Auto all imports not implicated by Customs' underlying trademark infringement allegations in a timely manner; and it is further ORDERED that Plaintiff's security, deposited with the Court on April 23, 2018, shall remain in an interest-bearing account for the duration of this preliminary injunction; and it is further ORDERED that the Parties shall file a joint status report and proposed scheduling order with the court on or before June 25, 2018. (Demb, Rebecca)