BMW of North America, LLC et al v. Jeff Brown et al

Filing 34

JUDGMENT AND PERMANENT INJUNCTION by Judge Percy Anderson: Pursuant to this Court's 6/29/2015 Minute Order granting the Motion for Default Judgment 33 , it is hereby ORDERED, ADJUDGED, AND DECREED that Defendants Jeff Brown and Leith Crossen, d oing business as proracingshop.com, jackethut.com, and embroiderylogic.com, shall pay Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG damages in the amount of $20,000.00; attorneys' fees of $3,600.00; and costs of suit of $1,730.25. It is further ORDERED, ADJUDGED, and DECREED that Defendants and their agents, employees, officers, directors, owners, attorneys, representatives, successor companies, related companies, and all persons acting in concert or participation with Defendants are permanently restrained, enjoined and prohibited re counterfeit BMW-branded products or products bearing Plaintiffs' Trademarks, etc. See document for further details. ( MD JS-6. Case Terminated ) (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BMW OF NORTH AMERICA, LLC, a
Delaware limited liability company;
BAYERISCHE MOTOREN WERKE
AG, a German corporation,

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JUDGMENT AND PERMANENT
INJUNCTION

Plaintiffs,

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CV 14-5037 PA (MANx)

v.
JEFF BROWN, an individual doing
business as PRORACINGSHOP.COM,
JACKETHUT.COM, and
EMBROIDERYLOGIC.COM; LEITH
CROSSEN, an individual doing business
as PRORACINGSHOP.COM,
JACKETHUT.COM, and
EMBROIDERYLOGIC.COM; and
DOES 1-10, Inclusive,
Defendants.

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Pursuant to this Court’s June 29, 2015 Minute Order granting the Motion for Default

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Judgment filed by plaintiffs BMW of North America, LLC and Bayerische Motoren Werke

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AG (collectively, “Plaintiffs”) against defendants Jeff Brown and Leith Crossen, doing

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business as proracingshop.com, jackethut.com, and embroiderylogic.com (collectively,

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“Defendants”), it is hereby ORDERED, ADJUDGED, AND DECREED:

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1.

Defendants shall pay Plaintiffs damages in the amount of $20,000.00;

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2.

Defendants shall pay Plaintiffs attorneys’ fees in the amount of $3,600;

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3.

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It is further ORDERED, ADJUDGED, and DECREED that Defendants and their

Plaintiffs shall recover their costs of suit in the amount of $1,730.25; and

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agents, employees, officers, directors, owners, attorneys, representatives, successor

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companies, related companies, and all persons acting in concert or participation with

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Defendants are permanently restrained, enjoined, and prohibited from:

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(a)

The import, export, making, manufacture, reproduction, assembly, use,

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acquisition, purchase, offer, sale, transfer, brokerage, consignment,

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distribution, shipment, licensing, development, display, delivery, marketing,

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advertising or promotion of the counterfeit BMW-branded products identified

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in the Complaint and any other unauthorized BMW-branded products, or

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products bearing Plaintiffs’ Trademarks (including any non-genuine

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reproduction, counterfeit, copy or colorable imitation thereof);

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(b)

The import, export, making, manufacture, reproduction, assembly, use,

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acquisition, purchase, offer, sale, transfer, brokerage, consignment,

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distribution, shipment, licensing, development, display, delivery, marketing,

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advertising or promotion of the infringing and diluting product identified in

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the Complaint and any other product which infringes or dilutes any of

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Plaintiffs’ Trademarks, trade name and/or trade dress including, but not

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limited to, any of Plaintiffs’ Trademarks at issue in this action;

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(c)

The unauthorized use, in any manner whatsoever, of any of Plaintiffs’

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Trademarks, trade name and/or trade dress including, but not limited to, the

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Plaintiffs’ Trademarks at issue in this action, any variants, colorable

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imitations, translations and/or simulations thereof and/or any items that are

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confusingly similar thereto, including specifically:

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i.

on or in conjunction with any product or service; and

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ii.

on or in conjunction with any advertising, promotional materials,

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labels, hangtags, packaging, or containers;

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(d)

The use of any trademark, trade name, or trade dress that falsely represents, or

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is likely to confuse, mislead or deceive purchasers, customers, or members of

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the public to believe that unauthorized product imported, exported,

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manufactured, reproduced, distributed, assembled, acquired, purchased,

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offered, sold, transferred, brokered, consigned, distributed, stored, shipped,

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marketed, advertised and/or promoted by Defendants originates from

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Plaintiffs, or that said merchandise has been sponsored, approved, licensed by,

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or associated with Plaintiffs or is, in some way, connected or affiliated with

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Plaintiffs;

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(e)

Engaging in any conduct that falsely represents that, or is likely to confuse,

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mislead, or deceive purchasers, customers, or members of the public to believe

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that Defendants are connected with, or are in some way sponsored by or

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affiliated with Plaintiffs, purchases product from or otherwise has a business

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relationship with Plaintiffs; and

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(f)

Affixing, applying, annexing, or using in connection with the manufacture,

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distribution, advertising, sale, and/or offering for sale or other use of any

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goods, a false description or representation, including words or symbols,

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tending to falsely describe or represent such goods as being those of Plaintiffs.

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DATED: July 17, 2015

_________________________________
Percy Anderson
UNITED STATES DISTRICT JUDGE

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