Future Motion, Inc. v. Herbert et.al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
FUTURE MOTION, INC.,
Case No. 3:20-cv-01647-EJD Plaintiff, ORDER DENYING PLAINTIFF’S EX v. PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER
STEPHEN HERBERT,
Re: Dkt. No. 6 Defendant.
On March 6, 2020, Plaintiff Future Motion, Inc. filed, ex parte, a motion for a temporary restraining order against Defendant Stephen Herbert. Ex Parte Motion for TRO and Preliminary Injunction (“TRO Mot.”), Dkt. No 6. On March 10, 2020 the case was reassigned to the undersigned. Dkt. No. 17. For the reasons discussed below, the Court DENIES the motion. This case arises under California contract law and the Lanham Act. Plaintiff creates and sells the ONEWHEEL ®, which is a “self-balancing electric vehicle.” TRO Mot. at 6. Plaintiff requires all of its distributors and dealers to sign an agreement that includes…