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

Filing 20


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1 2 3 4 5 6 7 8 9 10 11 Previously JS-6 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 22 23 BMW OF NORTH AMERICA, LLC, a Delaware Limited Liability Company, and BAYERISCHE MOTOREN WERKE AG, a German Corporation, Plaintiff, v. Case No.: 2:17-cv-00850-ODW-MRW PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE HON. OTIS D. WRIGHT II TRANSATLANTIC-TRADE.COM, LLC, a Florida Limited Liability Company; GUNTER KREBS, an Individual; and DOES 1-10, inclusive, Defendants. 24 25 The Court, pursuant to the Stipulation for Entry of Permanent Injunction 26 against Defendants and Dismissal (“Stipulation”) by and between BMW OF 27 NORTH AMERICA, LLC, and BAYERISCHE MOTOREN WERKE AG 28 (collectively “BMW”), and Defendants TRANSATLANTIC-TRADE.COM, LLC, -1[PROPOSED] PERMANENT INJUNCTION AND DISMISSAL – Case No. 2:17-cv-850-ODW-MRW 1 and GUNTER KREBS (collectively “Defendants”), filed concurrently herewith, 2 hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction 3 shall be and is hereby entered against Defendant in the above-referenced matter as 4 follows: 5 1. PERMANENT INJUNCTION. Defendants and any person or 6 entity acting in concert with, or at the direction of any of the Defendants, 7 including any and all agents, servants, employees, partners, assignees, distributors, 8 suppliers, resellers and any others over which any of the Defendants may exercise 9 control, are hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116, from 10 engaging in, directly or indirectly, or authorizing or assisting any third party to 11 engage in, any of the following activities in the United States and throughout the 12 world: a. 13 copying, manufacturing, purchasing, importing, exporting, 14 marketing, selling, offering for sale, distributing or dealing in any product or 15 service that uses, or otherwise making any use of, any of BMW’s trademarks, 16 including but not limited to, the BMW® word and design marks, the M® word 17 and design marks, the MINI® word and design marks, and/or any intellectual 18 property that is confusingly or substantially similar to, or that constitutes a 19 colorable imitation of, any of BMW’s trademarks (collectively “BMW’s 20 Trademarks”), whether such use is as, on, in or in connection with any trademark, 21 service mark, trade name, logo, design, Internet use, website, domain name, 22 metatags, advertising, promotions, solicitations, commercial exploitation, 23 television, web-based or any other program, or any product or service, or 24 otherwise; 25 b. performing or allowing others employed by, under control of, 26 or representing any of the Defendants, or under any of their control, to perform 27 any act or thing which is likely to injure any of BMW’s Trademarks, specifically 28 including but not limited to the BMW®, M®, and MINI® marks; -2[PROPOSED] PERMANENT INJUNCTION AND DISMISSAL – Case No. 2:17-cv-850-ODW-MRW c. 1 engaging in any acts of federal and/or state trademark 2 infringement, false designation of origin, unfair competition, dilution, or other act 3 which damages or injures BMW; d. 4 owning, possessing, and/or controlling any Internet domain 5 name that includes any of BMW’s Trademarks, including but not limited to 6 BMW®, M®, and MINI®; and e. 7 using any website that includes any unauthorized depictions of 8 BMW’s Trademarks, including but not limited to the BMW® word and design 9 marks, the M® word and design marks and the MINI® word and design marks. 10 2. Defendants are immediately ordered to deliver to counsel for BMW 11 for destruction all unauthorized products, including counterfeit BMW®, M®-, 12 MINI®-branded products, apparel, stickers, labels, signs, prints, packages, 13 wrappers, receptacles and/or advertisements relating thereto in their possession or 14 under their control bearing any of BMW’s Trademarks or any simulation, 15 reproduction, counterfeit, copy or colorable imitations thereof, and all plates, 16 molds, heat transfers, screens, matrices and other means of making the same, to 17 the extent that any of these items are in Defendants’ possession. 18 19 20 3. This Permanent Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court. 4. The Court finds there is no just reason for delay in entering this 21 Permanent Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil 22 Procedure, the Court directs immediate entry of this Permanent Injunction against 23 Defendants. 24 25 26 5. Defendants will be making an agreed-upon payment to BMW, as more particularly described in a separate Confidential Settlement Agreement. 6. NO APPEALS AND CONTINUING JURISDICTION. No 27 appeals shall be taken from this Permanent Injunction, and the parties waive all 28 rights to appeal. This Court expressly retains jurisdiction over this matter to -3[PROPOSED] PERMANENT INJUNCTION AND DISMISSAL – Case No. 2:17-cv-850-ODW-MRW 1 enforce any violation of the terms of this Permanent Injunction by Defendants or 2 any breach of the underlying Settlement Agreement. 3 4 5 6 7 8 9 10 11 7. NO FEES AND COSTS. BMW and Defendants shall bear their own attorneys’ fees and costs incurred in this matter. 8. DISMISSAL WITH PREJUDICE. Upon entry of this Permanent Injunction against Defendants, this case shall be dismissed with prejudice. IT IS SO ORDERED, ADJUDICATED and DECREED this _11th_ day of May 2017. _________________________________ HONORABLE OTIS D. WRIGHT II United States District Judge Central District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4[PROPOSED] PERMANENT INJUNCTION AND DISMISSAL – Case No. 2:17-cv-850-ODW-MRW

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