BMW of North America, LLC et al v. Kuveyka et al

Filing 24

DEFAULT JUDGMENT AGAINST DEFENDANT AYSAM KUVEYKA: IT IS HEREBY ORDERED, ADJUDGED and DECREED that the 21 motion for default judgment is granted and Plfs BMW of North America, LLC, and Bayerische Motoren Werke AG (collectively, "BMW") have judgment against Dft Aysam Kuveyka, as further set out in judgment; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed.. Signed by Honorable Judge Myron H. Thompson on 5/16/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BMW OF NORTH AMERICA, LLC and
BAYERISCHE MOTOREN WERKE AG,
Plaintiffs,
v.

Case No. 2:13-cv-00318-MHT-SRW

AYSAM KUVEYKA and KUVEYKA’S
IMPORTS, INC., dba AYSAM’S
IMPORT AUTO SERVICE, INC.,

(WO)

Defendants.

DEFAULT JUDGMENT AGAINST
DEFENDANT AYSAM KUVEYKA
This action having been commenced on May 13, 2013, by the filing of the
Summons and Complaint; a copy of the Summons and Complaint having been
validly served on Defendant Aysam Kuveyka on August 19, 2013; Defendant
Kuveyka not having answered the Complaint, and the time for answering the
Complaint having expired; and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the motion
for default judgment (Doc. No. 21) is granted and Plaintiffs BMW of North
America, LLC, and Bayerische Motoren Werke AG (collectively, “BMW”) have
judgment against Defendant Aysam Kuveyka finding that:

a)

Defendant Kuveyka has engaged in willful trademark infringement

under the Lanham Act, 15 U.S.C. §1114, of United States trademarks belonging to
BMW (the Roundel logo);
b)

Defendant Kuveyka has engaged in willful unfair competition under

the Lanham Act, 15 U.S.C. §1125(a), with regard to BMW’s Roundel logo; and
c)

Defendant Kuveyka has engaged in actions that constitute dilution in

violation of the Code of Alabama, § 8-12-17 (1975), and unfair competition under
the common law of Alabama with regard to BMW’s Roundel logo.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that:
1.

Defendant Aysam Kuveyka, his agents, servants, employees,

attorneys, and all others in active concert or participation with any of them, be and
are hereby permanently enjoined and restrained from:
(a)

using BMW’s Roundel logo, or any other name or mark that is

confusingly similar to this mark, or any other mark or designation of BMW or its
affiliates, including, but not limited to, use of BMW’s Roundel logo on walls,
windows, signs, banners, flags, websites, advertisements, coupons, marketing
materials, stationery, business cards, or anywhere else in connection with
Defendant Kuveyka’s business; and

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(b)

doing any other act or thing likely to confuse, mislead, or

deceive others into believing that Defendant Kuveyka, or his products or services,
emanate from, or are connected with, sponsored by or approved by BMW.
2.

BMW shall recover, pursuant to section 35 of the Lanham Act, 15

U.S.C. § 1117(a), its reasonable attorneys’ fees and costs incurred in this action in
the amount of $19,618.36;
3.

Defendant Kuveyka, in accordance with section 36 of the Lanham

Act, 15 U.S.C. § 1118, shall deliver up to BMW for destruction all labels, signs,
flags, banners, prints, packages, bottles, receptacles, containers, business cards,
letterhead, advertisements, and other promotional materials in Defendant
Kuveyka’s possession or control bearing BMW’s Roundel logo, or any other
BMW mark.
4.

Defendant Kuveyka, in accordance with section 34(a) of the Lanham

Act, 15 U.S.C. § 1116(a), shall file with the Court, and serve upon BMW, within
thirty (30) days after the entry and service on Defendant Kuveyka of an injunction,
a report in writing and under oath, setting forth in detail the manner and form in
which Defendant Kuveyka has complied with the terms of this Judgment.
The clerk of the court is DIRECTED to enter this document on the civil
docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.

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This case is not closed.
IT IS SO ORDERED:
Dated: May 16, 2014

/s/ Myron H. Thompson
THE HON. MYRON H. THOMPSON

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