BMW of North America, LLC et al v. Hamlet Sahakyan

Filing 25

DEFAULT JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Plaintiffs' Motion for Default Judgment 16 is GRANTED, and this Judgment shall be and is hereby entered against Defendant Hamlet Sahakyan, d/b/a Hamlet's BMW Service as follows: Defendant, his agents, distributors, suppliers, business partners, related companies, servants, employees, attorneys, successors, assigns, and all others in active concert or participation with any of them, be enjoined and restrained re BMW 's trademark, logo, or any other name or mark that is confusingly similar, etc. Plaintiffs shall recover, pursuant to Lanham Act Section 35, 15 U.S.C. Section 1117(a), their reasonable attorneys' fees and costs incurred in this action, in the amount of $23,878.00 in attorneys' fees and $1,421.28 in costs, for a total of $25,299.28. 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
and BAYERISCHE MOTOREN
WERKE AG,
Plaintiffs,

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Case No. 2:15-cv-03690-AB-JPR
DEFAULT JUDGMENT AND
PERMANENT INJUNCTION

v.
HAMLET SAHAKYAN, d/b/a
HAMLET’S BMW SERVICE,

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Defendant.

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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The Court, having considered the Motion for Default Judgment (“Motion”)
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of Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG
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(collectively, “BMW” or “Plaintiffs”) against Defendant Hamlet Sahakyan, d/b/a
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Hamlet’s BMW Service, and good cause appearing therefore, IT IS HEREBY
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ORDERED that Plaintiffs’ Motion is GRANTED, and this Judgment shall be and
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is hereby entered against Defendant in the above-captioned action as follows:
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1.

This Court has jurisdiction over Defendant and over the subject matter

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in issue based on 28 U.S.C. §§ 1331, 1338(a), 1338(b), and 1367(a), as well as 15
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U.S.C. § 1121. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b).
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ORDER RE PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT
Case No. 2:15-cv-03690-AB-JPR

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This Court further has continuing jurisdiction to enforce the terms and provisions of
this Judgment.
2.

The Court finds that Defendant committed the acts referred to in

Plaintiffs’ Motion and that Defendant’s acts constitute:
a.)

Breach of contract under California common law regarding the

February 2013 and May 18, 2015 written agreements Defendant signed with BMW;
b.)

Willful trademark infringement under the Lanham Act, 15 U.S.C.

§1114, of federally registered United States trademarks belonging to Plaintiffs, the
“Roundel” logo and “BMW” word mark;
c.)

Willful unfair competition under the Lanham Act, 15 U.S.C. §1125(a),

with regard to Plaintiffs’ Roundel logo and “BMW” word mark; and
d.)

Unfair competition under Cal. Bus. & Prof. Code §§ 17200 et seq. and

trademark infringement and unfair competition under the common law of California
with regard to Plaintiffs’ Roundel logo and “BMW” word mark.
3.

Defendant, his agents, distributors, suppliers, business partners, related

companies, servants, employees, attorneys, successors, assigns, and all others in
active concert or participation with any of them, be enjoined and restrained, during
the pendency of this action, and permanently thereafter, 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 these marks on signs, flags, banners, websites,
photographs, advertisements, coupons, marketing materials,
stationery, business cards, and in oral and written
communications;

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DEFAULT JUDGMENT AND PERMANENT
INJUNCTION
Case No. 2:15-cv-03690-AB-JPR

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(b)

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not limited to the trade names Hamlet’s BMW Service,

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Hamlet’s BMW, Hamlet BMW Inc., and Hamlet BMW;

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(c)

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(d)

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services, come from, or are connected with, sponsored by, or

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approved by, BMW.

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4.

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amount of $23,878.00 in attorneys’ fees and $1,421.28 in costs, for a total of
$25,299.28.
5.

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Judgment.
6.

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The Court shall retain jurisdiction of this action to entertain such

further proceedings and to enter such further orders as may be necessary or
appropriate to implement and enforce the provisions of this Judgment; and

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The Court finds there is no just reason for delay in entering this

Judgment and, pursuant to Fed. R. Civ. P. 54(a), directs immediate entry of this

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Plaintiffs shall recover, pursuant to Lanham Act § 35, 15 U.S.C. §

1117(a), their reasonable attorneys’ fees and costs incurred in this action, in the

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doing any other act or thing likely to confuse, mislead, or
deceive others into believing that Defendant, or his products or

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making any use of any other BMW logos, or trademark use of
any other BMW trademarks, or colorable imitations thereof; and

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making any trademark use of the “BMW” mark, including but

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Violation of this judgment shall expose Defendant and all other

enjoined parties to all applicable penalties and further orders, including contempt of
Court.

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IT IS SO ORDERED:

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Dated: December 17, 2015

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______________________________
THE HON. ANDRÉ BIROTTE JR.

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DEFAULT JUDGMENT AND PERMANENT
INJUNCTION
Case No. 2:15-cv-03690-AB-JPR